Branch Manager, The New India Assurance Company Ltd. vs Banshidhar Prasad and Kanhaiya Singh

Shailesh Kumar Sinha, J.—The appeal is directed against the Award dated 6th of November, 2007 passed by the 2nd Additional District Judge (Fast Track Court) in exercise of the powers of the Motor Vehicles Accidents Claims Tribunal, Rohtas at Sasaram (hereinafter referred to as "the Tribunal") in Motor Vehicles Claims Case No. 67 of 2007, awarding a compensation of Rs. 2,20,500/-, inclusive of interim compensation of Rs. 50,000/-, on account of the death of the younger brother of the claimant in a motor vehicles accident. The respondent-New India Assurance Company Ltd.-the insurer of the offending vehicle being aggrieved by such Award has preferred the present appeal. Shortly stated, the facts of the case is that the younger brother of the claimant, namely, Kanhaiya Prasad alias Mukhan Lal while grazing the grass for his buffalo near the water tube well on Tilouthu-Sasaram Road, a jeep being driven rashly and negligently coming from Sasaram side dashed the deceased, resulting in fatal injuries to him. Further case is that the deceased was earning Rs. 3,000/- per month by doing some agriculture work and business and also used to sell stationery goods in the local market, thereby supporting the family members and as such, the claimant has claimed a compensation of Rs. 3,00,000/-.

A First Information Report was lodged with respect to the above accident. The police upon investigation submitted the charge sheet. The post-mortem of the dead body was held by the doctor.

In the aforesaid claim case, the claimant adduced his oral evidence as also the evidence of one Satyendra Singh as C.W.1 and C.W.2, besides documentary evidences, vide Exts. 1, 2 and 3 i.e., F.I.R., charge sheet and post-mortem report.

The aforesaid claim case was contested by the appellant-the New India Assurance Company contending therein that the brother is not the legal representative. However, no oral or documentary evidence was adduced on behalf of the opposite party-appellant herein in the court below. Thereafter upon considering the evidence on the record and considering the monthly income of the deceased, as claimed by the claimant, awarded a compensation taking into consideration the monthly income as Rs. 1500/- and accordingly allowed the compensation of Rs. 2,20,500/- and since a sum of Rs. 50,000/- was already paid by way of interim compensation, the rest amount of Rs. 1,70,500/- was directed to be paid with interest at the rate of 6% per annum within a period of two months from the date of the said order.

It is contended on behalf of the appellants that the compensation allowed by the Tribunal is not correct since the claimant is the brother and as such, he is only entitled to the claim of consortium, funeral expenses and loss of estate.

Learned counsel appearing on behalf of the claimant, on the other hand, submits that the aforesaid claim case was filed u/s 166 of the Motor Vehicles Act and the legal representative is entitled to the benefits under the aforesaid provisions and as such, the Tribunal has rightly allowed the compensation. In view of the above, it is submitted that the appeal deserves to be dismissed.

Considering the rival submissions of the parties, it appears that the controversy is with regard to the compensation. It is not in dispute between the parties that the claimant is the brother and the legal representative, who has filed the claim application in absence of parents as also the legal heirs of the deceased since he (the deceased) died unmarried. The court below after calculating the annual income of the deceased allowed a deduction of Rs. 6,000/- i.e., 1/3rd towards the personal expenses from the income of the deceased. In my opinion, the deduction ought to have been 50% of the annual income of the deceased i.e., Rs. 9,000/- since the deceased was a bachelor. In this connection, reference can be made to the decision of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .

In view of the above, the claimant is entitled to get a net compensation of Rs. 1,16,500/- (Rupees one lac sixteen thousand five hundred) after giving an adjustment of Rs. 50,000/- (Fifty thousand), which was earlier paid by way of interim compensation and inclusive of Rs. 4,500/- funeral expenses and loss of estate. The aforesaid compensation be paid with simple interest at the rate of 6% per annum from the date of filing of the application till the payment. Such payment should be made within two months from today.

The statutory amount of Rs. 25,000/- deposited on behalf of the appellants in this Court be remitted to the Tribunal for eventual payment to the claimant. The said amount be adjusted from the final payment. The appeal stands disposed of to the extent as modified above. No costs.