Bunda Maiti and Another vs Surgeet Singh and Others

Rajeev Gupta, C.J.—Shri Vipin Tiwari, learned counsel for the appellants is heard on I.A. No.01/2008, an application for condonation of delay in filling the appeal.

On due consideration, I.A. No. 01/2008, is allowed and the delay in filing the appeal is hereby condoned.

Shri Vipin Tiwari, learned counsel for the appellants is heard on admission.

This is claimants appeal for enhancement of the compensation awarded by the 11th Additional Motor Accident Claims Tribunal (FTC), Durg (for short the Tribunal''), vide award dated 09.04.2008, passed in Claim Case No. 53/2007.

A sum of Rs. 23,20,000/- was claimed as compensation by the unfortunate parents of deceased Syamal Maiti by filing a claim petition u/s 166 of the Motor Vehicles Act. Deceased Sysmal Maiti, according to the claimants, died on account of the injuries sustained by him in the motor accident on 5.06.2006 when he was dashed by the offending vehicle Truck bearing registration No. CG 07-ZC/3583, resulting in his instantaneous death on the spot itself. The claimants further pleaded that their son deceased Syamal Maiti used to get salary of Rs. 3,000/- per month from Balaji Enterprises.

The Tribunal on a close scrutiny of the evidence led by the parties held that claimants son Syamal Maiti died on account of the injuries sustained by him in the motor accident on 05.06.2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck: as the offending vehicle Truck on the date of the accident was insured with the New India Insurance Company Ltd. The Insurance Company was liable to pay compensation claimants.

The Tribunal assessed the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum. By deducting 1/3rd of Rs. 36,000/- towards the personal expenses of the deceased, the claimants dependency was assessed at Rs. 24,000/- per annum, By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 11 the compensation was worked out to Rs. 2,64,000/- By awarding a further sum of Rs. 9,500/- under other heads the Tribunal awarded a total sum of Rs 2,73,500/- as compensation to the claimants along with interest @ 8% per annum from the date of filling of the claim petition till the date of actual payment.

Shri Vipin Tiwari learned counsel for the appellants vehemently argued that the Tribunal has erred in selecting the lower multiplier of 11; and in awarding low compensation of Rs. 2,73,500/- only.

The claimants pleaded that deceased Syamal Maiti used to earn Rs. 3,000/- per month. As the Tribunal assessed the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum, the claimants cannot have any grievance in that behalf.

The claimants dependency also has been rightly assessed by the Tribunal by deducting only the usual 1/3rd of the income of the deceased towards his personal expenses.

The multiplier of 11 selected by the Tribunal is rather on the higher side in view of the dictum of the Apex Court in the case of The Municipal Corporation of Greater Bombay Vs. Shri Laxman Iyer and Another, , wherein it was held that in those cases where the claimants are parents of the deceased the multiplier should never exceed 10.

We therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the income of the deceased or the claimants dependency assessed by the Tribunal Or the multiplier selected.

The appeal filed by the claimants for enhancement of the compensation, therefore is liable to be dismissed and is hereby dismissed summarily.