1. None for the appellant.
2. This appeal has been filed by the claimants being aggrieved of award dated 31.3.2005 passed by learned Motor Accident Claims Tribunal/ Additional District Judge, Court No. 1, Mathura in Claim Case No. 226 of 2002 on the ground that Tribunal has accepted income of the deceased to be Rs. 15000/- per annum which is less than even minimum wages for an unskilled labourer on the date of the accident. It is also submitted that learned Tribunal has applied multiplier of 8 taking age of the deceased to be 55-years on the basis of postmortem report overlooking cogent documentary evidence namely driving licence of the deceased in which his date of birth is mentioned as 14.4.1960 and therefore as per driving licence which is a valid and acceptable document, on the date of accident, age of the deceased was 42 years. Therefore in the light of the 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 and National Insurance Company Limited Vs. Pranay Sethi and others as reported in (2017) 16 Supreme Court Cases 680 appropriate compensation be computed and granted in favour of the claimants.
3. Sri S.A.Murtaza supports the award and submits that there is no infirmity in the award calling for any interference by the court.
4. It has come on record that deceased was engaged in sales and manufacture of electrical motors. Minimum wages for unskilled labourer employed in any engineering industry or any other manufacturing process on the date of the accident was to the tune of Rs. 85.75/- or Rs. 2573/- per month of Rs. 30876/- per year.
5. Admittedly deceased is survived by 4 legal heirs, therefore in the light of the Supreme Court decision, 1/4th deduction is to be made taking annual dependency to Rs. 23157/- per year. As age of the deceased was about 42-years on the date of the accident and he was self employed. Therefore, there will be addition of 25% in the income of the deceased towards future prospects taking total dependency to Rs. 28946.25 (Rulees twenty eight thousand nine hundred forty six and twenty five paise only). Multiplier of 14 is applicable as per law laid down by the Supreme Court in case of Sarla Verma (Supra) taking total pecuniary compensation to Rs. 405247/ (Rupees Four lakhs fifty two thousand forty seven only)-. Over and above, which claimants are entitled to a sum of Rs. 70,000/- taking total compensation to Rs. 4,75,247/- (Rupees Four lakhs seventy five thousand two hundred and forty seven only) in place of Rs. 85,000/- awarded by the learned Claims Claims Tribunal. This enhanced amount will also carry simple interest at the rate of 6% from the date of filing of the claim petition till the date of actual payment.
6. In above terms, the appeal is disposed of.
Order Date :- 27.1.2021 S.K.S.