Nawal Singh and Others Vs Thakur Dass and Another

High Court Of Punjab And Haryana At Chandigarh 10 Sep 1993 (1994) 1 ACC 714
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Hon'ble Bench

Amarjeet Chaudhary, J

Acts Referred

Motor Vehicles Act, 1988 — Section 110A

Judgement Text

Translate:

Amarjeet Chaudhary, J.@mdashThe Motor Accident Claims Tribunal, Gurgaon, vide its award dated 14.9.1984, on a claim petition u/s 110-A of

the Motor Vehicles Act had awarded Rs. 86,400/- as compensation with 8% interest on account of the death of Mohan. Dissatisfied with the

award, claimants have filed this appeal for enhancement of compensation.

2. The learned Counsel for the appellants contends that the deceased was a skilled worker and was earning about Rs. 1,500/- per month. The

Tribunal, however, assessed the monthly income of the deceased at Rs. 600/-. Counsel further argued that proper rate of interest has not been

awarded to the claimants.

3. On the consideration of the matter, I have reached the conclusion that this appeal deserves to be allowed.

4. The deceased was a skilled worker and his monthly income could not be less than Rs. 750/- After deducting one third towards personal

expenses of the deceased, the monthly dependency of the claimants would be Rs. 500/- i.e. Rs. 6,000/- annually, Taking into consideration the

age of the deceased and by applying a multiplier of 18 the total compensation would come to Rs. 1,08,000/- The claimants shall also be entitled to

12% interest from the date of application till its realization. Out of the amount of compensation of Rs. 1,08,000/- the amount of compensation

already awarded by the Tribunal is to be adjusted.

5. The appeal is allowed to the extent indicated above, No costs.

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