Bhagaiya Bai (Smt.) and Others vs Jayram and Others

Rajeev Gupta, C.J.—This is claimants'' appeal for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari, District Raipur (for short, the Tribunal) vide award dated 07.09.2006, passed in Claim Case No.12/2005.

The claimants, unfortunate widow and children of deceased Birjhuram Gond, claimed compensation of Rs.13,63,000/- by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident when on 05.11.2004 his Rickshaw was dashed by the offending vehicle Bus bearing registration No. PB-12D/9808, resulting in multiple serious injuries to Birihuram Gond, who succumbed to those injuries. During the course of his treatment in the hospital on 19.11.2004. The claimant further pleaded that deceased Birjihuram Gond who was aged about 50 years used to earn Rs.150-200/- per day as Rickshaw Puller.

The owner, driver and the insurer of the offending vehicle Bus contested the claim and denied their liability to pay compensation to the claimants. The insurer took the further plea that the driver of the offending vehicle Bus was not holding a valid driving licence and the Bus was being plied in breach of the policy conditions.

The claimants examined AW-1 Smt. Bhagaiya Bai and AW-2 Vijay Kumar in support of their claim, whereas the owner, driver and insurer of the offending vehicle Bus did not examine any witness in rebuttal.

The Tribunal on a close scrutiny of the evidence led before it held that deceased Birjhuram Gond died on 19.11.2004 on account of the injuries sustained by him in the motor accident on 05.11.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus; as the offending vehicle Bus on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish breach of any of the policy conditions, the Insurance Company was liable to pay compensation to the claimants.

The Tribunal assessed the income of the deceased at Rs.15,000/- per annum. By deducting 1/3rd of Rs. 15,000/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 13, the compensation was worked out to Rs.1,30,000/-. By awarding further sum of Rs.35,000/- under other heads, the Tribunal awarded a total sum of Rs.1,65,000/- as compensation to the claimants for the death of deceased Birjhuram Gond in motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,65,000/- @ 6% per annum, from the date of filing of the claim petition till the date of actual payment.

Shri Vimlesh Bajpai, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants'' evidence about the income of the deceased and in assessing his income at Rs. 15,000/- per annum only; and in awarding low compensation of Rs.1,65,000/- only.

Shri Dashrath Gupta, learned counsel for respondent No.3 The New India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs. 1,65,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case as the deceased was only a Rickshaw Puller aged about 50 years.

The findings recorded by the Tribunal that deceased Birjhuram Gond died on 19.11.2004 on account of the injuries sustained by him in the motor accident on 05.11.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus; the insurer of the offending vehicle Bus was liable to pay compensation to the claimants, have now attained finality as the respondents have not filed any appeal against the award. That apart, there is overwhelming evidence available on record to establish the above facts beyond any shadow of doubt. We, therefore, affirm the above findings recorded by the Tribunal.

True, the claimants pleaded that deceased Birjhuram Gond used to earn Rs.150 - 200/- per day as Rckshaw Puller, but the evidence led in that behalf was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants'' evidence about the income of the deceased.

Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum is certainly on the lower side and requires reconsideration.

The notional income of 15,000/- was prescribed in the Second Schedule in the year 1994. The accident in the present case, wherein deceased Birjhuram Gond lost his life, took place in the year 2004. If the increase in the prices of the essential commodities and the cost of living between the year 1994 and the year 2004, the year of accident in the present case, are taken into account, the notional income of Rs.15,000/- prescribed in the year 1994 would certainly come to Rs.36,000/- in the year 2004. We, therefore, propose to re compute the compensation taking the income of the deceased at Rs.36,000/- per annum.

By deducting 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants'' dependency is assessed at Rs.24,000/- per annum.

Considering that deceased Birjhuram Gond was aged about 50 years and his widow Smt. Bhagaiya Bai was shown to be 43 years of age in the claim petition, we are of the opinion that the multiplier of 10 would be appropriate in the present case, in view of the dictum of the Apex Court in the case of The New India Assurance Company Limited Vs. Smt. Kalpana and Others, , wherein the multiplier of 13 was found to be appropriate for the deceased aged about 33 years in the said case.

By multiplying the annual dependency of Rs.24,000/- with the multiplier of 10, the compensation works out to Rs. 2,40,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/ - towards loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.2,55,000/-as compensation for the death of deceased Birjhuram Gond in the motor accident.

Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself.

The accident in the present case, wherein deceased Birjhuram Gond lost his life took place in the year 2004; the claim petition was filed by the claimants in the year 2005; the impugned award was passed by the Tribunal in the year 2006; and the present appeal is being finally decided in the year 2009. Considering all the relevant factors including the delay in disposal of the claim petition and the present appeal and the fact that the Insurance Company alone is not to be blamed for the delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.90,000/-at Rs.10,000/-.

For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,65,000/- awarded by the Tribunal is enhanced to Rs.2,55,000/- with further quantified amount of interest of Rs.10,000/- on the enhanced amount of compensation of Rs.90,000/-.

Respondent No.3 The New India Insurance Company Limited is granted three months'' time for depositing the total sum of Rs.1,00,000/-(Rs.90,000/- towards enhanced amount of compensation + Rs.10,000/- towards the quantified amount of interest on the enhanced amount of compensation of Rs.90,000/-) before the concerning Claims Tribunal.

No order as to costs.