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2009 Supreme(Raj) 1268
2010(1) CCR 703 (Raj.)
(Rajasthan High Court)
Jaipur Bench
Yadvendra Pratap Singh Vs. Shri Dhanraj Singh (Singh, J.)
HON'BLE DALIP SINGH, J.
Yadvendra Pratap Singh & Ors.
Versus
Shri Dhanraj Singh & Ors.
S.B. Civil Misc. Appeal No. 507 of 1998, decided on 13.11.2009
K.N.Tiwari, for Appellants;
Ashok Singh on behalf of G. Bardar, for Respondent No.3
Headnote:Motor Vehicles Act,1988, Secs. 168 & 173 — Death of 35 years non-earning women — Tribunal awarded Rs. 1,80,000/- as compensation — Plea of appellant that in case of non-earning person notional income of Rs. 15,000/- is taken into consideration and multiplier of 17 should be applied — Held — Compensation on account of loss of earning is computed Rs. (15,000 x 17) = 2,55,000/- — Appellant is entitled to get Rs. 75,000/- additionally. (Paras 2 to 5)
Appeal allowed.
eksVj ;ku vf/kfu;e] 1988] /kkjk;sa 168 ,oa 173 & 35 o"khZ; vdekÅ vkSjr dh e`R;q & vf/kdj.k us 1]80]0000@- #i;s izfrdj ds :i esa vf/kfuf.kZr fd;s & blds fo:) vihy & vihykFkhZ dk vfHkokd~ fd vdekÅ O;fDr ds ekeys esa 15]000@- #i;s dk dkYifud vk; fopkj esa fy;k tk; ,oa 15 dk xq.kd iz;qDr fd;k tkuk pkfg, & vfHkfu/kkZfjr & miktZu dh gkfu ds en esa izfrdj ¼15]000@- #i;s x 17½ = 2]55]000@- #i;s x.kuk dh & vihykFkhZ 75]000@- #i;s vfrfjDr :i ls izkIr djus dk gdnkj gSA ¼in la[;k 2 ls 5½
vihy Lohdkj dhA
2. The appellants are the claimants who have filed the claim on account of the death of Smt.Asha Singh, wife of the appellant No.1 whose age at the time of death was 35 years. Smt.Asha Singh was the wife of the appellant No.1 and the mother of the respondents No.2 and 3.
3. Learned counsel for the appellant submitted that in the case of a non-earning person the notional income of Rs.15,000/- has been prescribed under the Act. He has further submitted that in the case of the accident involving the death of a person aged 35 years, the multiplier of 17 has been prescribed whereas the learned Tribunal has adopted a multiplier of 15 only. These facts are not in dispute.
4. In the facts and circumstances, therefore, so far as the compensation on account of loss of earning is concerned, the same is computed as follows:-
Rs.15,000/- X 17 = Rs.2,55,000/-.
5. The appellants have already been awarded an amount of Rs.1,80,000/- which is liable to be deducted from Rs.2,55,000/-. Thus, the appellants shall be entitled to an additional amount of Rs.75,000/- with interest @ 6% w.e.f. the date of filing of the appeal i.e. 13.05.1998 upto the date of realization. This amount shall be paid by means of a demand draft in favour of the claimants before the learned Tribunal.
6. There shall be no order as to costs.
