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Kalyan Sahai And Anr. vs H.D. Yadav And Ors. on 27 September, 2006

Madhya Pradesh High Court
Kalyan Sahai And Anr. vs H.D. Yadav And Ors. on 27 September, 2006
Equivalent citations: II (2007) ACC 307
Author: S Kulshrestha
Bench: S Kulshrestha, S Seth


JUDGMENT

S.K. Kulshrestha, J.

1. By this appeal, appellant challenged inadequacy of the compensation of Rs. 2 lakh awarded by the learned XIX MACT, Indore vide award dated 31.3.2004. Learned Counsel for the appellants submits that the award of compensation in lump sum has been deprecated and in each case the income should be assessed and applying proper multiplier, compensation should be awarded.

2. Since the controversy before us is confined to the adequacy or otherwise of the compensation, we need not refer to other facts except that when the deceased was travelling in a Maruti car along with his friend, it collided with the offending vehicle bearing registration No. NH-04-H-4838.

3. Learned Counsel for the appellants submits that income of the deceased was Rs. 3,500 as evidenced from his salary certificate (Ex. P/6). However, since the deceased was commuting to Ghatabillod for work, we are of the view that he must, at least, be spending Rs. 500 on fare. The net salary thus comes to Rs. 3,000 per month and if one-third is deducted towards personal expenses of the deceased, the contribution of dependency comes to Rs. 2,000 per month i.e. Rs. 24,000 annually.

4. The age of the appellants (parents) has been shown as 49 years and 47 years. The appropriate multiplier for the said age comes to 11 and the annual dependency of Rs. 24,000 is multiplied by 11, the figure arrived at is Rs. 2,64,000. In addition, in respect of funeral charges and loss of love and affection, we deem it fit to award Rs. 36,000 to the appellants, Accordingly, it is held that appellants are entitled to a sum of Rs. 3,00,000 (Rupees three lakh) from the respondents, severally and collectively, in place of Rs. 2 lakh awarded by the Tribunal.

5. Thus, with the above modification, this appeal is partly allowed. The enhanced amount shall carry interest at the rate of six percent from the date of the application.

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