Chameli Devi And Ors vs Prakash Pradhan And Ors

P. Sam Koshy, J

Present is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act assailing the award dated 24/03/2012 passed by the learned

Fourth Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Motor Accident Claim Case No.145/2011.

Vide the impugned award, the Tribunal in a death case under Section 166 of the Motor Vehicles Act has awarded a compensation of Rs.5,18,000/-

with interest @ 6% per annum from the date of application.

The contention of the counsel for the appellants/claimants is that, the compensation awarded by the Tribunal is on the lower side in as much as the

income assessed was extremely low and that the Tribunal has not properly appreciated the proof of salary produced before the Tribunal. She further

submits that, the deceased in the instant case was a skilled Mason and he was drawing an income of more than Rs.300/- per day which was also

proved from the certificate issued by the employer. She further submits that, the claimants would also be entitled for compensation towards the future

prospects so also the compensation under the conventional head also deserves suitable enhancement.

The counsel for the Insurance Company however opposing the appeal submits that, the award seems to be fair and reasonable and does not

warrant any interference as it is based on the evidence which have come on record and thus prayed for rejection of the appeal.

Having heard the contentions put forth on either side and on perusal of record what clearly reflects is the admitted factual matrix of the case of the

accident being took place on 24/05/2009. As a result of the said accident, the deceased, aged around 27 years had died. The vehicle involved in the

accident and the same being duly insured with the respondent No.3 is also not in dispute.

The only consideration left is to ascertain whether the amount of compensation awarded was fair and reasonable or not? Taking into consideration

the evidence which have come on record, though the claimants have claimed that the deceased was earning Rs.300/- per day i.e. Rs.9,000/- per

month, but considering the period of accident i.e. May-2009, this Court assesses the income of the deceased at Rs.6,000/- per month @ Rs.200/- per

day which was the normal rate of wages even for an unskilled labour at the relevant point of time.

Therefore, this Court assesses the monthly income of the deceased at Rs.6,000/- instead of Rs.3,000/- as assessed by the Tribunal. The claimants

would also be entitled for 40% of the income towards future prospects which come to Rs.2,400/-. If Rs.2,400/- is added to the monthly income, the

figure would become Rs.8,400/- per month i.e. Rs.1,008,00/- yearly of which if 1/4th is deducted towards personal expenses considering the total

number of claimants to be 6, the amount left would be Rs.75,600/- which if multiplied by applying multiplier of 17, the amount would come to

Rs.12,85,200/-. Thus, it is ordered accordingly that the claimants shall be entitled for a compensation of Rs.12,85,200/- towards loss of dependency. In

addition, the claimants would also be entitled for an additional amount of Rs.70,000/- towards the conventional head which would make the total

compensation payable to the claimants at Rs.13,55,200/- instead of Rs.5,18,000/- as awarded by the Tribunal. The said enhanced amount shall also

carry interest at the same rate as has been awarded by the Tribunal.

The appeal thus stands allowed and disposed off.