The main legal point established is the application of the legal provisions under the Motor Vehicles Act and the Hindu Succession Act in determining the entitlement to claim compensation and the assessment of compensation.

Amit Rawal J.

1. The mother-in-law is the appellant before this Court seeking enhancement of compensation for death of daughter-in-law, who died in a road accident that took place on 01.05.1994. The deceased was travelling in a scooter bearing No. CHO-01-6416 along with her husband and two others from village Billa to Mansa Devi Mandir. When they crossed village Jai Singhpura, a military convoy came from the opposite direction. One military truck bearing No.91-D-88650-M-271-10 was tow-chaining another military truck. The driver of the said truck suddenly took a right turn and applied brakes, due to which the driver of the tow-chained truck could not control the truck and both the truck collided. Due to the impact, both the trucks turned their faces towards the side from which the deceased persons were coming. In the collision, all the four occupants of the scooter were crushed to death under the truck bearing No.91-D-88650-M-271-10.

2. The deceased-Sunita was stated to be working with a lawyer as Typist-cum-Clerk and was earning Rs. 2500/- per month. The Tribunal while assessing the compensation only awarded a lump sum amount of Rs 50,000/-.

3. Learned counsel for the appellant contends that on 15.09.2004, a proposed settlement was arrived at Rs. 1,28,600/- over and above the amount already awarded by the Tribunal along with interest @12% per annum from the date of filing of the claim petition till payment in the Lok Adalat. Three months' time was allowed to the respondents to give concurrence and pay the proposed amount otherwise the appeal will be decided on merits but till date neither the concurrence was given nor the amount had been paid.

4. This Court vide order dated 04.03.2015 raised a query whether mother-in-law would be entitled to claim for compensation for death of daughter-in-law in terms of Section 166(i)(c) of the Motor Vehicles Act, 1988. In response to the same, learned counsel appearing for the appellant relies upon Section sub-section 1 of Section 15 of the Hindu Succession Act, 1956 to contend that the property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16 viz; firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband and secondly, upon the heirs of the husband. In the present case, the husband of the deceased also died in the same accident and there was no child, thus, the mother-in-law being the heir of husband is entitled to claim compensation. In support of his contention, he also relies upon the judgments of this Court rendered in Smt. Santosh Jain and another v. State of Haryana and others 2014 AAC 1420 and United India Insurance Company Limited v. Parlad Rai and others 2010(4) RCR (Civil) 153.

5. On merits, learned counsel for the appellant submits that the deceased was earning Rs. 2500/- per month and the Tribunal has grossly erred in providing a lump sum amount of Rs. 50,000/-. There is definite scope of enhancement in view of the ratio decidendi culled out by Hon'ble Supreme Court in Sarla Verma v. DTC 2009(6) SCC 121 and other subsequent judgments.

6. I have heard learned counsel for the appellant and appraised the paper book. The formula prescribed in the ratio decidendi culled out by Hon'ble Supreme Court in Sarla Verma's case (supra) is required to be applied while assessing the compensation, according to which, I will take the income of the deceased as Rs. 2500/- per month, apply a deduction of? 3rd for personal expenses and adopt a multiplier of 18 suitable to the age of the deceased, who was 21 years old at the time of accident. I will further add a sum of Rs. 50,000/- towards loss of love and affection, Rs. 5000/- for loss to estate and Rs. 25,000/- for funeral expenses.

7. However, as regards the increase in income as future prospects, the Hon'le Supreme Court in the ratio decidendi culled out in the judgment rendered in Chikkamma and another v. Parvathama and another passed in Civil A