Geedha and Others vs M.K. Kumawat and Another

Guman Singh, J.—This appeal has been preferred on behalf of dependent-appellants of deceased Bhola Ram for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dt. 12.02.1999 whereby a sum of Rs. 1,88,500/- was awarded to the dependent-appellants of deceased for the claim filed u/s 163-A of the M.V. Act on account of death of Bhola Ram, who was driving the jeep which was involved in the accident.

The challenge in the appeal pertains to quantum of compensation only.

Learned Counsel for the appellants submits that the learned Tribunal has assessed Rs. 1500/- per month to be the earning of deceased but failed to award compensation as per second schedule to the M.V. Act. It is also submitted that the learned Tribunal has awarded Rs. 1,78,500/- under the head loss of dependency after deducting Rs. 625/- per month for the expenses as against the deceased while the learned Tribunal should have awarded the compensation after deducting 1/3rd as per structure formula provided under the second schedule to the M.V. Act.

Per contra, learned Counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is also submitted that the multiplier of victim under the schedule does not refer to the age of the deceased but it refers to the age of parents who are victims and their age is to be reckoned for computing the compensation. He has relied upon the Gyan Chand Jain and Anr. v. Permanand and Ors. 2003(1) TAC 490; New India Assurance Co. v. Shanti Pathak and Ors. I (2008) ACC 45 (SC); Bilkish v. United India Insurance Co. And Anr. 2008(2) TAC 815 (SC) ; and Donat Louis Machado and Others Vs. L. Ravindra and Others,

After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased himself was found driving the vehicle which was involved in the accident and the present appellant-dependents have brought this claim petition u/s 163A of the M.V. Act wherein the point of negligence is not to be adjudicated and the amount of compensation is to be awarded strictly as per structural formula provided under the Act. Approaching the case from that angle, it has been specifically mentioned in the note below the second schedule that in the case of fatal accident, 1/3rd amount is to be reduced for the expenses which the victim had incurred had he been alive. Thus in this case, 1/3rd amount deserves to be deducted from the expenses of deceased. This further refers to the fact that the provision u/s 163A is in the nature of social security legislation, where negligence would not be factor for consideration.

So far as question of not providing interest by the learned Tribunal in the case like present, cannot be stated to be unreasonable as in view of social security legislation, the amount of compensation borne out under the structural formula is the main consideration and as such this Court in appeal is not inclined to interfere in the discretion. However, the interest on the enhanced amount under the appeal can be considered in the matter.

Accordingly, the amount under the Second Schedule to the M.V. Act can be computed by adopting appropriate multiplier at the age of 20-25 years of the victim by assessing income of Rs. 18,000/- per annum, and thereby awarding sum of Rs. 3,41,000-1/3rd (as against the expenses of deceased) = 2,16,000+2,000(for funeral expenses) +2500 (loss of estate)=2,20,500-1,88,500 (already awarded)=32,000 (to be additionally awarded).

Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs. 32,000/- by way of additional enhanced compensation from the date of appeal i.e. 13.05.1999, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged.

Record be sent forthwith.