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2024 Supreme(P&H) 743

ALKA SARIN
Sushma Devi – Appellant
Versus
Balbir Singh – Respondent


Advocates Appeared:
Ms. Ekta Thakur, Advocate; For the Appellant
Mr. Vipul Sharma, Advocate for Mr. Ravinder Arora, Advocate; For the Respondents

JUDGMENT

Alka Sarin, J. (Oral)

The present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh vide award dated 01.03.2012.

2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.

3. The Tribunal in the present case had awarded the following compensation :

Sr. No.

Heads

Compensation Awarded

1

Monthly income

Rs. 5,379/-

2

Deduction 1/2

[Rs. 5,379 - Rs. 2,690] = Rs. 2,690/-

3

Annual income

[Rs. 2,690 x 12] = Rs. 32,280/-

4

Multiplier of 13

[Rs. 32,280 x 13] = Rs. 4,19,640/-

5

Transportation and funeral expenses

Rs. 10,000/-

 

Total Compensation

Rs. 4,29,640/-

 

Interest

7.5% per annum

4. Learned counsel for the claimant-appellants would contend that though the income of the deceased was rightly assessed as Rs. 5,379/- per month and 50% deduction was applied correctly, however, multiplier of 13' has wrongly been applied by the Tribunal, whereas it ought to have been 18' keeping in view the age of the deceased be


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