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Judgment
G.P. Mittal, J.—The Appeal is for reduction of compensation of Rs.11,42,820/- awarded by the Motor Accident Claims Tribunal (the
Claims Tribunal) in favour of Respondents No. 1 to 4 for the death of Tek Chand, who died in a motor vehicle accident which occurred on
01.05.2011. In the absence of any Appeal by the driver, owner or the Insurer, the finding on negligence has attained finality between the parties.
During inquiry before the Claims Tribunal it was claimed that the deceased was working as a Mason and was earning Rs.15,000/- per month. In
the absence of any evidence with regard to the deceased''s income, the Claims Tribunal took the minimum wages of an unskilled worker to
compute the loss of dependency.
The following contentions are raised on behalf of the Appellant:-
(i) There was no evidence with regard to deceased''s future prospects, yet an addition of 50% was made towards future prospects.
(ii) There should have been deduction of one-third towards personal and living expenses instead of one-fourth made by the Claims Tribunal as
Respondents No. 2 to 4 were major.
(iii) The compensation awarded under non pecuniary heads is on the higher side.
I have before me the Trial Court Record. The first Respondent filed her Affidavit by way of evidence as Ex. PW-1/1. She testified that her
husband was a Mason (skilled labour) by profession and he was earning Rs.15,000/- per month. In PW-1''s cross examination the extent of
deceased''s income was disputed but his employment as Mason was not disputed. In the circumstances, the Claims Tribunal ought to have taken
the Minimum wages of a skilled worker, i.e. Rs.7826/- per month instead of Rs.6084/- to compute the loss of dependency.
Admittedly, there was no evidence with regard to deceased''s future prospects. Thus, addition of 50% towards future prospects could not have
been made. ( Bijoy Kumar Dugar Vs. Bidyadhar Dutta and Others, ; and Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and
Another, ). Yet, the Claimants were entitled to an addition of 30% towards inflation on the basis of the latest judgment of the Supreme Court in
Santosh Devi Vs. National Insurance Company Ltd. and Others, .
As regards dependency of the Respondents No. 2 to 4, the deceased left behind two sons aged 22 years and 20 years and a daughter aged 21
years. All the three children were still studying. PW-1''s testimony that her children were not employed was not challenged in cross-examination.
Thus, the deduction of one-fourth towards personal and living expenses on the basis of the ratio in Sarla Verma made by the Claims Tribunal
cannot be faulted.
The loss of dependency thus comes to Rs.10,58,075/- (7826/- + 30% x 2/3 x 12 x 13).
The Claims Tribunal awarded a sum of Rs.30,000/- towards loss of love and affection; Rs.20,000/- towards funeral expenses and Rs.25,000/-
towards loss of consortium. Normally, only a sum of Rs.25,000/- is awarded towards loss of love and affection and in the absence of any
evidence with regard to the expenditure only a sum of Rs.10,000/- is awarded towards funeral expenses.
Thus, even if, a compensation of Rs.25,000/- is awarded towards loss of love and affection and Rs.10,000/- each towards funeral expenses,
loss of consortium and loss to estate, the overall compensation comes to Rs.11,13,075/-.
In the circumstances, the award of compensation of Rs.11,42,820/- made by the Claims Tribunal cannot be said to be exorbitant or excessive.
The Appeal is devoid of any merit; the same is accordingly dismissed. Pending Applications also stand disposed of.