Heard learned counsel for the appellant. None for the respondent though as per office report dated 1.2.2021 notices were sent for service on respondent-Insurance Company by registered post on 9.1.2014 but neither udelivered cover nor any acknowledgement has returned after service also no one put in appearance. Therefore in terms of provisions contained in Chapter VIII Rule 12 of the Allahabad High Court Rules, respondent no. 1 is proceeded ex parte.
This appeal has been filed by the claimants being aggrieved of award dated 25.3.2010 passed by learned Motor Accident Claims Tribunal/ Additional District Judge, Court No. 4, Ballia in MACP No. 45 of 2009 on the ground that accident took place on 17.2.2009 at about 12:50 pm when driver of the truck bearing registration no. HR-38 D-2399 had hit the deceased by driving his truck in rackless and negligent manner and, therefore, compensation awarded by the Tribunal total Rs. 84,500/- is grossly inadequate and calls for enhancement.
Learned Tribunal has taken income of the deceased who was aged about 22-years at the rate of Rs. 100/- per day or Rs. 3000/- per month. The fact of the matter is that accident took place o 17.2.2009 and on the date of accident wages for an unskilled labourer were to the tune of Rs.3162.83 p.m. Admittedly, deceased was a bachelor, therefore, 50% deduction is to be made towards his own living expenses leaving Rs. 1581.41 as disposable income in the hands of the claimants. Admittedly, deceased was engaged in an unorganized sector, therefore, there will be 40% addition towards future prospects taking total depdency to Rs. 2214.00 per month or Rs. 26568/- per annum. The Tribunal has wrongly applied multiplier of 8 on the basis of the age of the mother of the deceased whereas it is to be applied as per age of the deceased which has been accepted by the Tribunal to be 22-years. Therefore, in the light of law laid down by the Supreme Court in Sarla Verma (Smt) and others Vs. Delhi Transport Corporation and another as reported in (2009) 6 SCC 121, multiplier of 18 will be applicable taking total pecuniary compensation to Rs. 4,78,224 (Rupees Four lakhs seventy eight thousand two hundred and twenty four only). Over and above, claimants are entitled to a sum of Rs. 30,000/- under the head of non-pecuniary compensation taking total compensation to Rs. 508224/- (Rupees Five lakhs eight thousand two hundred and twenty four only).Thus there will be enhancement to the tune of Rs.423724/- (Rupees Four lakhs twenty three thousand seven hundred and twenty four only). This additional amount will also carry interest at the rate of 6% from the date of filing of the claim petition.
In above terms, the appeal is disposed of.
Order Date :- 2.2.2021 S.K.S.