M.V.Act - accident claim - Enhancement - only surviving legal representative- adopted child of the deceased - filed a claim petition - The Tribunal dismissed the said claim petition - on the ground that she could not prove to be a legal representative of the deceased. - The High Court allowed the appeal and awarded an amount of Rs.6,30,000/-appeal for enhancement of compensation - we are of the view of the monthly income of the deceased at Rs.6,000/- per month.- addition of 30% to the income towards future prospects as per the principles of Sarla Verma - the monthly income for the calculation of future loss of dependency would be Rs.7,800/- (Rs.6,000/- + 30% of Rs.6,000/-). Therefore, the annual income comes to Rs.93,600/- deduction of 1/3rd of the annual income towards personal expenses and applying the appropriate multiplier as per the principles of Sarla Verma (supra), the future loss of dependency suffered by the appellant is calculated at Rs.8,73,600/- [(Rs.93,600/- (-) 1/3rd of Rs.93,600/-) X 14].- for loss of estate, loss of love and affection and funeral expenses Rs.1,00,000/- towards loss of love and affection as per the case of Juju Kuruvila & Ors. - an amount of Rs.1,00,000/- towards loss of estate as per the decision of this Court in the case of Kalpanaraj & Ors - Further, a sum of Rs.25,000/- is awarded towards funeral expenses as per the principles laid down by this Court in the case of Rajesh & Ors. - an interest at the rate 9% per annum on the compensation amount as per the principles laid by this Court in the case of Municipal Corporation of Delhi - 2015 S.C. msklawreports
mother of the appellant, who along with five other passengers were
travelling in a Maruti Car bearing registration No. PBW-8399, met with an
accident near Oasis Tourist Complex on G. T. Road near Uchana village,
Police Station Sadar Karnal, when a truck bearing registration No. PIB-5733
being driven rashly and negligently by respondent no. 2 coming from the
opposite direction collided with the said car. Parmod Bala succumbed to the
injuries caused to her due to the accident on the same day
The appellant being the only surviving legal representative, who was the
adopted child of the deceased, filed a claim petition
The Tribunal by its award dated
11.11.1991 dismissed the said claim petition filed by the appellant on the
ground that she could not prove to be a legal representative of the
deceased.
The High Court allowed the appeal filed by the appellant and set aside the
award of the Tribunal and awarded an amount of Rs.6,30,000/- to the
appellant
for
the last 25 years, the appellant has been suffering from mental trauma,
loss of love and affection of her deceased mother and virtually lost the
higher education and initial career building period of her life.
we are of the view that it would be just and
proper to take the monthly income of the deceased at Rs.6,000/- per month.
Further, on addition of 30% to the income of the deceased towards future
prospects as per the principles laid down by this Court in the case of
Sarla Verma v. Delhi Transport Corporation and Another[1],
the monthly
income for the calculation of future loss of dependency of the appellant
would be Rs.7,800/- (Rs.6,000/- + 30% of Rs.6,000/-).
Therefore, the annual income comes to Rs.93,600/-.
On deduction of 1/3rd of the annual income
towards personal expenses and applying the appropriate multiplier as per
the principles laid down by this Court in the case of Sarla Verma (supra),
the future loss of dependency suffered by the appellant is calculated at
Rs.8,73,600/- [(Rs.93,600/- (-) 1/3rd of Rs.93,600/-) X 14].
Further, the High Court has certainly erred in awarding a meagre amount of
only Rs.15,000/- for loss of estate, loss of love and affection and funeral
expenses.
Therefore, we award Rs.1,00,000/- towards loss of love and
affection as per the decision of this Court in the case of Juju Kuruvila &
Ors. v. Kunjujamma Mohan & Ors.[2].
We also award an amount of Rs.1,00,000/-
towards loss of estate as per the decision of this Court in the case of
Kalpanaraj & Ors. v. Tamil Nadu State Transport Corporation[3].
Further, a
sum of Rs.25,000/- is awarded towards funeral expenses as per the
principles laid down by this Court in the case of Rajesh & Ors. v. Rajbir
Singh & Ors.[4]
The High Court has further erred in awarding an interest at the rate of 6%
per annum only, instead of 9% per annum on the compensation amount as per
the principles laid by this Court in the case of Municipal Corporation of
Delhi v. Association of Victims of Uphaar Tragedy[5]. We accordingly award
an interest at the rate of 9% per annum on the compensation amount. - 2015 S.C. msklawreports
