Against the award of compensation for death in a motor-vehicle accident, the High Court dismissed the appellants' appeal challenging the quantum, upholding the Tribunal's calculation of income, multiplier, and additional amounts.
The appeal was dismissed; the compensation award of the Tribunal remained intact.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1873/2018
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. Jitendra Mitrucka
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
25/07/2018
Appellants have filed this appeal, challenging the award dated 3.11.2017 passed by the Tribunal, seeking enhancement of compensation amount.
(2 of 2)
[CMA-1873/2018]
I have heard learned counsel for the appellant and have gone through the record available on the file carefully.
Appellants had filed the claim petition seeking compensation on account of death of Kailash Bihari in a motor-vehicle accident which had occurred on 4.10.2002.
While assessing the amount of compensation, Tribunal has taken the income of the deceased as Rs.11,376/- per month in view of the salary certificate produced on record. Out of the said income, one-fifth (1/5th) was deducted towards personal expenses of the deceased. Deceased was aged 44 years at the time of the accident. Hence, the learned Tribunal has rightly applied the multiplier of ‘14’ while working out the compensation amount. An addition of 30% has also been granted towards loss of future prospects of the deceased. Appellants have been granted Rs.40,000/- towards loss of consortium and Rs.15,000/- towards funeral expenses.
Thus, the amount of compensation has been rightly calculated by the Tribunal and does not require any interference. Dismissed.
(SABINA),J
Mohita/19
Smt. Shanti Devi
Ashish Pareek
Kumari Beena
Kumari Meena
Kumari Alka
Smt. Reena
SABINA
As recorded by the court registry
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