Meera Devi vs Sh. J.D. Verma

Mansoor Ahmad Mir, C.J.(Oral)—This appeal is directed against the judgment and award dated 15.12.2009d, made by the Motor Accident Claims Tribunal, Fast Track Court Solan, H.P. in Case No. 40 FTC/2 of 2007, titled Smt. Meera Devi and others v. Sh. J.D. Verma and another, for short "the Tribunal", whereby compensation to the tune of Rs. 1,54,500/- along with interest @ 6% per annum was awarded in favour of the claimants, hereinafter referred to as "the impugned award", for short.

Insurer, driver and owner have not questioned the impugned award on any ground. Thus, it has attained finality so far as it relates to them.

The appellant has questioned the impugned award on the ground of adequacy of compensation.

Admittedly, deceased Master Ketan was a student of 14 years, became victim of a vehicular accident who was hope and help for his parents and grand parents. His life was taken away in the mid. By a guess work, it can be held that after obtaining graduation degree he would have been earning Rs. 4500/- per month if appointed a class-IV employee. Multiplier of "15" was applied by the Tribunal whereas multiplier of "14" is applicable as per 2nd Schedule attached to the Motor Vehicles Act, for short "the Act, read with Sarla Verma and others v. Delhi Transport Corporation and another reported in AIR 2009 SC 3104 and upheld in Reshma Kumari and others v. Madan Mohan and another, reported in 2013 AIR SCW 3120.

One half was to be deducted towards personal expenses of the deceased, being a bachelor. Thus, it can be said that the claimants have lost source of dependency to the tune of Rs. 2250/- per month. The claimants are entitled to compensation to the tune of Rs. 2250 x 12 x 14 = Rs. 3,78,000/- from the date of the claim petition till its realization.

The insurer is directed to deposit the enhanced amount in the Registry within eight weeks from today. On deposit, the Registry is directed to release the same in favour of the claimants through payee�s cheque account, or by depositing the same in their bank accounts, strictly as per the terms and conditions contained in the impugned award.

Having said so, the impugned award is modified as indicated herein above.

Send down the record forthwith, after placing a copy of this judgment.