KRISHAN KUMARI PAREEK Vs. SIRAJ KHAN & ORS

JUDGEMENT

(1.) This appeal has been preferred against the award dated 15th March, 2007 passed by the Motor Accident Claims Tribunal and Additional District Sessions Judge (Fast Track) No. 8, Jaipur City, Jaipur (hereinafter referred as 'the Tribunal') in Claim Petition No. 545/ 2005 whereby a sum of Rs. 1,57,000 has been paid by the Tribunal as compensation on account of the death of 62 years person in a vehicular accident, on the ground that the Tribunal has deducted 50% from the income of the deceased as personal living expenses insead of 1/3rd.

(2.) Heard learned Counsel for the parties and perused the record.

(3.) The Tribunal has not assigned reasons as to why the Tribunal deviated from the mandate of law in terms of the Schedule Second appended with Motor Vehicles Act, 1988 which indicates that for amount of compensation so arrived in case of fatal accident, the claim shall be reduced by l/3rd on account of personal living expenses of the victim. There are a number of judgment of Supreme Court where that yardstick has been followed. The Tribunal committed an error by deducting 50% amount instead of 1/3rd amount. The Tribunal has determined the income of the deceased as Rs. 60,000 per annum @ Rs. 5,000 per month which is maintained and 1/3rd amount i.e. Rs. 20,000 has to be deducted as personal living expenses of the deceased. After deducting the amount, annual income of the deceased comes to Rs. 40,000. Taking into consideration annual income of Rs. 40,000 and the multiplier of 5, as the deceased was of the age of 62 years at the time of accident, the loss of dependency comes to Rs. 2,00,000 (40,000 x 5). The widow of the deceased is entitled to Rs. 10,000 as consortium. The appellant is entitled to Rs. 2,000 as funeral expenses. Therefore, the appellant-claimant is entitled to a compensation of Rs. 2,12,000 (200000+10000+2000).