Maya Devi vs Manju Lal @ Gajju and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 3,30,346/- for the death of Promod Kumar who was a bachelor and aged about 23 years at the time of the accident which took place on 07.12.2008. The Motor Accident Claims Tribunal (the Claims Tribunal) by the impugned judgment dated 27.09.2010 took the minimum wages of a Matriculate to compute the loss of dependency and after adding of a sum of Rs. 10,000/- towards non-pecuniary heads and awarded a total compensation of Rs. 3,30,346/-.

The Appellant''s grievance is that the deceased had obtained a Diploma in Hardware Engineering from Global Computer and Education Centre after passing his Matriculation and Intermediate Examination from Board of High School and Intermediate Education, U.P.

The learned counsel for the Appellant urges that PW-1 Maya Devi, the deceased''s mother''s testimony that the deceased was earning Rs. 8,000/- per month as a self-employed person had remained unchallenged and there was no reason to reject PW-1''s testimony and the income of Rs. 8,000/- per month.

I tend to agree with the submissions made. In view of PW-1''s unchallenged testimony and the Certificate Ex.PW-1/1 to Ex.PW-1/5, the income of Rs. 8,000/- per month ought to have been believed by the Claims Tribunal. I, therefore, hold that the deceased''s income was established as Rs. 8,000/- per month.

The Appellant (the deceased''s mother) was aged about 47 years at the time of the accident. The loss of dependency is recomputed as Rs. 6,24,000/- (8,000/- - 50% x 12 x 13).

The Appellant is further entitled to a sum of Rs. 25,000/- towards loss of love and affection, Rs. 5,000/- towards loss to estate and Rs. 5,000/- towards funeral expenses. The total compensation thus comes to Rs. 6,59,000/-.

The compensation is thus enhanced from Rs. 3,30,346/- to Rs. 6,59,000/-. The enhanced compensation of Rs. 3,28,654/- shall carry interest @ 7.5% per annum from the date of filing of the petition till the date of deposit.

Respondent No.3 The New India Assurance Company Limited is directed to deposit the enhanced amount along with the upto date interest within 30 days with UCO Bank, Delhi High Court Branch, New Delhi.

On deposit of the amount, 20% of the enhanced amount along with the proportionate interest shall be released immediately to the Appellant and Rest 80% shall be held in four equal fixed deposits for a period of two years, four years, six years and eight years respectively. The Appeal is allowed in above terms. No costs.