Bina and Others vs Mohd. Ahsan and Others

Arun Mishra, J.—This appeal has been preferred by the claimants calling in question the award dated 16.8.2004 passed by Fourth Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 15 of 2004.

Claimants are the widow, children and mother of the deceased Rajkumar. He died in a motor accident on 15.12.2003 when he was going on his scooter which was dashed by tanker No. MP 09-KB 1803. Deceased succumbed on the spot due to injuries sustained in the accident. Deceased was serving in Air Force. Compensation of Rs. 30,00,240 with interest was claimed. The age of the deceased was claimed to be 40 years. He was drawing monthly salary as per claimants at Rs. 7,876.

Owner and the driver of the tanker filed their written statement denying their liability contending that the liability is required to be borne by the insurer as the vehicle was insured. The insurance company denied its liability on the ground that the driver of the vehicle (tanker) was not holding valid licence and the tanker was driven in contravention of the terms and conditions of the policy.

The Tribunal found that the accident was caused due to rash and negligent driving by the driver of the tanker, respondent No. 1, Mohd. Ahsan. The Tribunal awarded compensation to the tune of Rs. 4,86,052 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition till realization. Dissatisfied with the quantum of compensation, this appeal has been preferred by the claimants.

Mr. B.D. Verma, Advocate has entered appearance on behalf of the claimants-appellants, whereas Mr. B.K. Agrawal, Advocate has put in appearance on behalf of the respondent insurance company and Mr. Neeraj Kalbhore, Advocate has put in appearance on behalf of respondent Nos. 1 and 2, driver and owner of the tanker respectively.

The only question agitated in the appeal is about quantum of compensation and working out of the dependency considering the number of dependants.

The payslip of the deceased is Exh. P2 on the record proved by CW 2, Bina Kannojiya. The same indicates that the total monthly emoluments received by the deceased were Rs. 7,876. The aforesaid amount includes Rs. 156 as L.R.A. which is required to be deducted. Deduction was made by the Tribunal of the amount which was used to be deducted for PF, etc. That amount was towards savings, hence, same could not have been deducted from the salary drawn by the deceased. Deceased was young and hale having future prospects ahead including revision of pay. Considering all these, we take the income of the deceased at Rs. 9,000 per month, i.e., Rs. 1,08,000 per annum. Five members were dependent on the earnings of the deceased, hence he would have spent 1/4th upon himself had he been alive. Considering this, loss of annual dependency comes to Rs. 81,000. Date of birth of the deceased was October 1962. Accident took place in the year 2003. Hence, he was more than 40 years of age at the time of death. Thus, multiplier of 15 is applicable and applying the multiplier of 15, the compensation comes to Rs. 81,000 x 15 = Rs. 12,15,000. Apart from that, we award a further sum of Rs. 40,000 under the customary heads such as loss to estate, loss of expectancy of life and funeral expenses, inclusive of a sum of Rs. 10,000 awarded to the widow on account of loss of consortium. Thus, the compensation comes to Rs. 12,15,000 + Rs. 40,000 = Rs. 12,55,000. Award of the Tribunal with respect to the damage caused to the scooter at Rs. 5,000 is maintained. Thus, the total compensation comes to Rs. 12,60,000 (rupees twelve lakh sixty thousand). The compensation enhanced by this Court to carry the interest at the rate of 7 per cent per annum from the date of filing of the claim petition till realization.

Appeal succeeds in part and is allowed to the extent indicated herein above leaving the parties to bear their own costs.