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Judgment
Rajeev Gupta, C.J.
This is claimants'' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon, (for short ''the Tribunal'') vide award dated 30.04.2008 passed in Claim Case No.102/2007.
The claimants, unfortunate husband and minor daughter of deceased Soniabai claimed compensation of Rs.28,57,000/- by filing a claim petition u/s 166 of the Motor Vehicles Act, 1988 (hence forth, "the Act") for her death in the motor accident on 05.01.2007, when she was dashed by the offending vehicle truck bearing registration no.C.G-08/ZC 0489, resulting in her instantaneous death on the spot itself. The claimants pleaded that deceased Soniabai used to earn Rs.5,000 per month as labour.
The driver, owner and insurer of the offending vehicle truck contested the claim and denied their liability to pay compensation to the claimants. The insurer of the truck took the further plea that the driver of the truck was not holding a valid driving license and the truck was being plied in breach of the policy conditions.
The Tribunal on a close scrutiny of the evidence led before it held that deceased Soniabai died on account of the injuries sustained by her in the motor accident on 05.01.2007; 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 National Insurance Company Limited, the insurance Company was liable to pay compensation to the claimants.
The Tribunal assessed the income of the deceased at Rs. 60/- per day and Rs. 1,800/- per month. By deduction 50% of Rs. 1,800/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 900/- per month and Rs.10,800/- per annum. By multiplying the annual dependency of Rs.10,800/- with the multiplier of 16, the compensation was worked out to Rs.1,72,800/-. By awarding further sum of Rs.9,500/- under other heads, the tribunal awarded a total sum of Rs.1,82,300/- as compensation to the claimants for the death of deceased Soniabai in the motor accident. The Tribunal further directed payment of interest on the above amount of Rs.1,82,300/- @ 6% per annum from the date of filing of the claim petition, till the date of actual payment.
Shri Anand Shukla, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants'' evidence about the income of the deceased; in deducting 50% of the income of the deceased towards her personal expenses; in selecting the lower multiplier of 16; and in awarding low compensation of Rs.1,82,300/- only.
Shri Gautam Khetrapal, learned counsel for respondent No.3 on the other hand supported the award and contended that as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs.1,82,300/- awarded by the tribunal is just and proper compensation in the facts and circumstances of the present case.
Shri Abhishek Sharma, learned counsel for respondents No.1 & 2 also supported the impugned award.
The findings recorded by the Tribunal that deceased Soniabai died on account of the injuries sustained by her in the motor accident on 05.01.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck; and the insurer of the truck was liable to pay compensation to the claimants have now attained finality as the respondents have not filed any appeal against the award. That apart, these findings are not under challenge before us in this appeal. We, therefore, affirm the above findings recorded by the Tribunal.
True, the claimants pleaded that deceased Soniabai used to earn Rs.5,000/- per month as labour, but in the evidence before the Tribunal, it was established that deceased Soniabai was getting Rs.60/- per day only. In this state of evidence, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.60/- per day and Rs. 1,800/- per month.
The Tribunal has certainly fallen into error in deducting 50% of the income of the deceased towards her personal expenses, as there were three members in the family i.e. deceased Soniabali, her husband Hemkumar and their daughter Ku. Daleswari. As such, the appropriate deduction would be 1/3rd of the income of the deceased towards her personal expenses. The claimants dependency, therefore, is assessed at Rs. 1,200/- per month and Rs.14,400/- per annum.
The multiplier of 16 selected by the Tribunal, considering the age of the deceased and her husband cannot be found fault with.
By multiplying the annual dependency of Rs.14,400/- with the multiplier of 16, the compensation works out to Rs.2,30,400/-. The claimants are further entitled to get Rs.5000/- towards funeral expenses; Rs.5000/- for loss of estate; and Rs.5000/- for loss of consortium to the husband. The claimants, thus, become entitled to receive a total sum of Rs.2,45,400/- as compensation for the death of deceased Soniabai in the motor accident.
Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself.
The accident in the present case wherein deceased Soniabai lost her life took place in the year 2007; the claim petition was filed by the claimants in the year 2007; the impugned award was passed by the Tribunal in the year 2008; the present appeal was filed by the appellants for enhancement of the compensation in the year 2008; and the appeal is being finally decided in the year 2009. Considering all the relevant factors including the delay in disposal of the claim petition and the present appeal, and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest payable on the enhanced amount of compensation of Rs.63,100/- at Rs.6,900/-.
For the foregoing reasons, the appeal filed by the claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,82,300/- awarded by the Tribunal is enhanced to Rs.2,45,400/- with further quantified amount of interest of Rs.6,900/- on the enhanced amount of compensation of Rs.63,100/-.
Respondent No.3 The National Insurance Company Limited is granted three months'' time for depositing the total sum of Rs.70,000/-(Rs.63,100/- towards enhanced amount of compensation + Rs.6,900/- towards quantified amount of interest on the enhanced amount of compensation of Rs.63,100/-) before the concerning Claims Tribunal.
No order as to costs.