Ajay Singh and others Vs. Surendra Sharma and others

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Total : Rs.5,22,200/-

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12. The Claims Tribunal has awarded Rs.5,87,200/-, whereas the appellant no.1 is entitled for Rs.5,22,200/-.

13. So far as the compensation for the death of Ku. Ritu Parmar is concerned, She was aged about 13 years. The Claims Tribunal has held that the appellants no. 2 and 3 who are the brothers of Late Ku. Ritu Parmar are not her dependents, therefore, they are not entitled for compensation amount for the death of Ku. Ritu Parmar, and only the appellant no.1 is entitled for compensation amount. However, the multiplier has been applied after considering the age of the appellant no.1, whereas the Claims Tribunal should have applied the multiplier after considering the age of the deceased Ku. Ritu Parmar. So far as the yearly income of the deceased is concerned, the Claims Tribunal has taken her notional yearly income as Rs. 15,000/-. Second schedule of Section 163-A of the Motor Vehicles Act was inserted in the year 1994 and the yearly notional income was assessed as Rs.15,000/-. In the present case the accident took place on 5/3/2013, therefore, her notional yearly income is assessed as Rs. 30,000/-. Since, only appellant no.1 is entitled for compensation amount, therefore, her personal expenses are taken as 50%. The Digitally signed by ARUN KUMAR MISHRA Date: 19/03/2020 10:51:29 8 THE HIGH COURT OF MADHYA PRADESH MA No.507/2017 Ajay Singh and others Vs. Surendra Sharma and others Claims Tribunal has awarded Rs. 75,000 towards future prospects, which is maintained. The Claims Tribunal has awarded Rs. 30,000 towards pain and suffering. However, the appellant no.1 is entitled for compensation under the head of loss of love and affection and not under the head pain and suffering, therefore, the amount awarded under the head pain and suffering is set aside. Therefore, the appellant no.1 is entitled for the following compensation amount for the death of Ku. Ritu Parmar.

1. Yearly income : Rs.30,000/-

2. Personal expenses (1/2) : Rs.15,000/-

3. Multiplier x(18) : Rs.2,40,000/-

4. Future Prospects : Rs. 75,000/-

5. Loss of Estate : Rs.15,000/-

6. Loss of Love and affection : Rs.40,000/-

7. Funeral Expenses : Rs.15,000/-

interest @ 6% from the date of filing of the claim petition, till realization.

15. The liability of the Insurance Companies has already been upheld by this Court in MA No.534/2017 and MA No.418/2017.

16. Accordingly, the award dated 23/1/2017 passed by Fourth Digitally signed by ARUN KUMAR MISHRA Date: 19/03/2020 10:51:29 9 THE HIGH COURT OF MADHYA PRADESH MA No.507/2017 Ajay Singh and others Vs. Surendra Sharma and others Motor Accident Claims Tribunal, Gwalior in Claim Case No.267/2014 is hereby modified to the extent mentioned above.

17. The appeal is, accordingly, disposed of.