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2012 (4) TMI 778 - SUPREME COURTPetition for Sufficiency of Quantum of compensation - Motor Accident Claims Tribunal - the Motor Vehicles Act, 1988I (the Act) - the appellant’s husband died in a road accident when the Maruti car in which he was travelling with husband of respondent No. 2 and the father of respondent Nos. 3 and 4 went out of control. husband of respondent No. 2, who was driving the vehicle also suffered multiple injuries and died on the spot. HELD THAT:- It is also not possible to approve the view taken by the Tribunal which has been reiterated by the High Court albeit without assigning reasons that the deceased would have spent 1/3rd of his total earning, i.e., ₹ 500/-, towards personal expenses. It seems that the Presiding Officer of the Tribunal and the learned Single Judge of the High Court were totally oblivious of the hard realities of the life. It will be impossible for a person whose monthly income is ₹ 1,500/- to spend 1/3rd on himself leaving 2/3rd for the family consisting of five persons. Ordinarily, such a person would, at best, spend 1/10th of his income on himself or use that amount as personal expenses and leave the rest for his family. The Tribunal’s observation that the two sons of the appellant cannot be treated dependant on their father because they were not minor is neither here nor there. In the cross-examination of the appellant, no question was put to her about the source of sustenance of her two sons. Therefore, there was no reason for the Tribunal to assume that the sons who had become major can no longer be regarded dependant on the deceased. In the result, the appeal is allowed, the impugned judgment as also the award of the Tribunal are set aside and it is declared that the claimants shall be entitled to compensation of ₹ 2,94,840 [₹ 1,500 + 30% of ₹ 1,500 = ₹ 1,950 less 1/10th towards personal expenses = ₹ 1,755 x 12 x 14 =₹ 2,94,840]. The claimants shall also be entitled to ₹ 5,000/- for transportation of the body, ₹ 10,000/- as funeral expenses and ₹ 10,000/- in lieu of loss of consortium. Thus, the total amount payable to the claimants will be ₹ 3,19,840/-. The enhanced amount of compensation i.e. ₹ 1,42,340/- (₹ 3,19,840 - ₹ 1,77,500) shall carry interest of 7 per cent from the date of application till realisation. Respondent No.1 – Insurance Company is directed to pay to the appellant the total amount of compensation within a period of three months by getting prepared a demand draft in her name which shall be delivered to her at the address given in the claim petition filed before the Tribunal. While doing so, respondent No.1 shall be free to deduct the amount already paid to the appellant.
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