Najbun Nishan and Others vs Gurcharan Singh and Others

G.P. Mittal, J.—The Appellants who are the legal representatives of deceased Mohd. Allauddin seek enhancement of compensation of Rs.3,60,000/- awarded for his death in a motor accident which occurred on 02.11.1996. The Motor Accident Claims Tribunal accepted the deceased''s income to be Rs.3000/- per month, deducted Rs.500/- towards personal and living expenses, added Rs.500/- per month towards future prospects and adopted a multiplier of ''10'' to compute the loss of dependency as Rs.3,60,000/-.

It is urged by the learned counsel for the Appellant that in view of the judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the deduction has to be 1/5th and the multiplier has to be ''14''.

I would agree with the same and therefore the loss of dependency comes to Rs.4,03,200/- ( Rs.3000/-x4/5x12x14). Considering that the accident took place in the year 1996, I would award a sum of Rs.15,000/- towards loss of love and affection and Rs.5000/- each towards loss of consortium, loss to estate and funeral expenses. The overall compensation is increased from Rs.3,60,000/- to Rs.4,33,200/-.

Since, the deceased was self employed and there was no evidence of future prospects, no provision for future prospects was required to be made.

The enhanced amount of Rs.73,200/- shall carry interest @ 7.5% per annum from the date of filing of the petition till 04.02.2008 and then from 28.01.2009 till the date of payment as the Appeal remained dismissed for want of prosecution during this period.

Respondent No. 3 National Insurance Company Limited is directed to deposit the enhanced amount along with upto date interest within six weeks with the Registrar General of this Court.

The enhanced amount shall be distributed amongst the Appellants in the same proportion as ordered by the Claims Tribunal.

The Appeal is allowed in above terms. No costs.