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2012 Supreme(Raj) 521

MOHAMMAD RAFIQ
Shimla – Appellant
Versus
Satish – Respondent


Advocates Appeared
Shobhit Tiwari, for Appellants;
Miss Bharti Trivedi, for Respondent

RAFIQ, J.—Claimants have preferred this appeal dissatisfied with quantum of compensation of Rs.4,45,000/-, awarded by learned Motor Accident Claims Tribunal, Jaipur City, Jaipur, vide its award dated 5.6.2009 in MAC Case No.581/2007. Award was passed in a death claim where one Ram Charan Bakolia died in a road accident.

2. Learned counsel for appellants has made twofold arguments seeking enhancement of compensation. His first argument is that once learned Tribunal has held that age of deceased was in between 20 and 25 years, it ought to have applied multiplier of 18 as per ratio of judgment of the Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another – (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), whereas learned Tribunal has wrongly applied multiplier of 17. Relying on same judgment, learned counsel argued that deduction of 1/4th ought to have been made by learned Tribunal for own expenses of deceased out of his accepted monthly income of Rs.3000/-, because number of dependents were eight at the time of filing of claim petition and now father of deceased having died during pendency of appeal, there still remained seven depende






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