2009 SCCL.COM 179(Case No: Civil Appeal No. 1068 of 2009)
Uttaranchal Transport Corpn. Ltd. Appellant versus Smt. Vimla Devi and others Respondents
Date of Decision(mm/dd/yy): 2/16/2009.
Judge(s): Hon'ble Dr. Justice Arijit Pasayat and Hon'ble Mr. Justice Asok Kumar Ganguly.
Subject Index: Motor Vehicles Act, 1988 — section 173 — appeal under — seeking enhancement of the compensation as fixed by learned Ist Additional District Judge-cum-Motor Accident Claims Tribunal, Haridwar — the MACT had awarded compensation of Rs.1,64,500/- alongwith interest @ 9% p.a. from the date of claim — the High Court held that the notional income has to be taken at Rs.30,000/- p.a. and since the deceased was a Hawker he could have easily earned Rs.3,000/- p.m. and accordingly after making 1/3rd deduction for personal expenses the loss of dependency was assessed at Rs.24,000/- p.a. and multiplier of 15 was adopted. Accordingly, the compensation was fixed at Rs.3,60,000/- with 9% interest from the date of claim — the highest multiplier has to be for the age group of 21 years to 25 years when an ordinary Indian Citizen starts independently earning and the lowest would be in respect of a person in the age group of 60 to 70, which is the normal retirement age — it would be appropriate to fix the multiplier at 10 and the rate of interest @ 6% p.a.. The MACT shall work out the entitlement on the aforesaid basis — taking the overall view of the matter including type of business of the deceased, this Court fixes the compensation at Rs.2,00,000/- payable with interest @ 6% from the date of claim