Honki Devi And Ors vs Balveer Singh And Ors

The present Civil Misc. Appeal has been filed by the appellant against the judgment and award dated 02.06.2000 passed by the Motor Accident Claims Tribunal-I, Jodhpur, whereby the claim petition was partly allowed.

Brief facts giving rise to this appeal are that the claim petition has been filed by the appellant-claimants before the Motor Accident Claims Tribunal-I, Jodhpur claiming compensation under various heads on account of death of Khinya Ram.

It was observed that at the time of the accident, the deceased was young and healthy person of 40 years of age.

The Tribunal awarded Rs. 2,72,000/- as compensation for the death of Khinya Ram in the accident. Hence, this appeal has been filed by the appellant-claimants for enhancement of the compensation.

Heard learned counsel for the parties.

Learned counsel for the appellants submitted that learned Tribunal has not awarded the compensation in the light of the judgment passed by the Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi reported in 2017 (4) MACD 137. It was further submitted that learned Tribunal has not awarded compensation towards future prospect nor awarded any reasonable amount on conventional heads.

Per contra, learned counsel for the respondent supported the impugned award and submitted that learned Tribunal has passed the award in accordance with the evidence available on record and the law which is not liable to be interfered with by this Court.

Heard learned counsel for the parties and perused the material available on record and judgment of the Apex Court passed in National Insurance Co. Ltd. Vs. Pranay Sethi(supra).

A perusal of the record shows that learned Tribunal has calculated and assessed the income of the deceased Khinya Ram Rs.1300/- per month and multiplier of 15 was applied. The findings of the learned Tribunal is just and proper in the light of the evidence available on record and required no interference.

Learned Tribunal after having considered the age, income and dependency of the applicants awarded Rs. 2,34,000/-. Learned Tribunal also awarded towards treatment charges Rs.10,000/-, Rs.2,000/- towards funeral expenses and Rs.6,000/-towards consortium, love and affection to the appellant No.1 and Rs.2500/- each to appellant Nos. 2 to 7. Rs. 5,000/- was also awarded for parents subsidy.

The Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi held that if the deceased was a self employed or had a fixed salary, an addition of 40 percent of the established income should be added. In the instant case, the Tribunal held that at the time of the incident the deceased was about 40 years of age. Thus, in the light of the judgment rendered in the case of Pranay Sethi (supra), 40 percent of his monthly established income i.e. Rs. 520/- (40% of Rs.1300/-=Rs.520/-) should be added to his monthly income.

In view of the aforesaid, by taking Rs.1300/-+Rs.520/-= Rs.1820/- as deceased monthly income, his yearly income comes to Rs.21,840/-. Applying the multiplier of 15 as the age of the deceased at the time of the accident was 40, it comes to a sum of Rs.21,840/- x 15 = Rs. 3,27,600/-. By adding a sum of Rs. 47,000/- after adjusting the amount already awarded, by way of lump sum compensation towards funeral expenses, loss of love and affection and estate, the total compensation comes to Rs.3,74,600/-{nearest round figure i.e. 3,75,000/-} (Rs. 3,27,600/- + Rs. 47,000/-).

As an upshot of the above discussion the present appeal is allowed. The impugned award dated 02.06.2000 passed by the Motor Accident Claims Tribunal-I, Jodhpur in Civil Misc. Case No.1032/95 is modified. The compensation awarded by the Tribunal is hereby enhanced from Rs. 2,72,000/- to Rs. 3,75,000/-and the appellants are declared entitled for enhanced amount of compensation to the tune of Rs.1,03,000/- as indicated in the foregoing para. The enhanced amount of Rs.1,03,000/- would carry interest @ 7% per annum from the date of application till realization. Respondents are directed to ensure payment of enhanced amount with interest to the appellants within a period of two months from the date of receipt of a certified copy of the judgment.

The learned Tribunal shall be at discretion to disburse the awarded amount in appropriate proportions of cash and fixed deposits in its wisdom looking to the facts and circumstances of the case.