Kamil Kujur and Another vs Dhirendra Rawani and Others

Rajeev Gupta, C.J.—This is claim ants'' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Jashpur (for short ''the Tribunal'') vide award dated 30-12-2005, passed in Claim Case No. 3/2005.

As against the compensation of Rs. 34,35,000/-, claimed by the Appellants/claimants, unfortunate parents of deceased Vijay Kujur by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 18-11-2004, the tribunal awarded a total sum of Rs. 1,85,000/- as compensation to the claimants along with interest @ 6% per annum from the date of the filing of the claim petition till the date of actual payment.

The Tribunal on a close scrutiny of the entire evidence led before it held that the claimants son Vijay Kujur died on account of the injuries sustained by him in the motor accident on 18-11-2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No. CG-14A/0093; as the above offending vehicle Bus on the date of the accident was insured with the New India Insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay the compensation to the claimants.

As the Respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.

The Tribunal assessed the income of the deceased at Rs. 15,000/- per annum. By deducting l/3rd of Rs. 15,000/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 10,000/-per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 18, the compensation was worked out to Rs. 1,80,000/-. By awarding further sum of Rs. 5,000/- under Ors. heads, the Tribunal awarded a total sum of Rs. 1,85,000/- as compensation to the claimants for the death of their son Vijay Kujur in the motor accident.The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,85,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

Shri N.K. Malviya, learned Counsel for the Appellants submitted that the Tribunal has erred in not accepting the claimants'' evidence about the income of the deceased and in assessing his income at Rs. 15,000/-per annum only; and in awarding low compensation of Rs. 1,85,000/- only.

Shri Dasarth Gupta, learned Counsel for Respondent No. 3 the New India Insurance Company Limited, on the Ors. hand supported the award and contended that the compensation of Rs. 1,85,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

True, the claimants pleaded that their son Vijay Kujur used to earn Rs. 6,000/- per month as LIC Agent, the evidence led in that behalf was not of clinching nature. No material was produced before the Tribunal to establish that the deceased was a LIC Agent at all. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants'' evidence about the income of the deceased.

Nevertheless, the income of the deceased assessed by the Tribunal at Rs. 15,000/- per annum in the year 2004 is certainly on the lower side and requires reconsideration.

Considering that deceased Vijay Kujur was aged about 30 years on the date of the accident, we are of the opinion that he could have earned Rs. 100/- per day in the year 2004 even by working as an unskilled labour. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs. 100/- per day, Rs. 3,000/- per month and Rs. 36,000/- per annum.

As deceased Vijay Kujur was unmarried on the date of the accident and the claimants are his parents, 50% of Rs. 36,000/- is required to be deducted towards the personal expenses of the deceased, in view of the dictum of the Apex Court in the case of Syed Basheer Ahamed and Others Vs. Mohd. Jameel and Another, . We, therefore, assess the claimants'' dependency at Rs. 18,000/- per annum by deducting 50% of Rs. 36,000/- towards the personal expenses of the deceased.

Considering that the claimants are parents of the deceased, and claimant No. 1 Kamil Kujur, father of the deceased was having his own independent income from agriculture, multiplier of 10 would be appropriate in the present case 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.

By multiplying the annual dependency of Rs. 18,000/- with the multiplier of 10, the compensation works out to Rs. 1,80,000/-. The claimants are further entitled to receive Rs. 5,000/- towards funeral expenses and Rs. 5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs. 1,90,000/- as compensation for the death of their son Vijay Kujur in the motor accident.

The claimants are further awarded a sum of Rs. 1,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 5,000/-.

For the foregoing reasons, the appeal filed by the Appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 1,85,000/-awarded by the Tribunal is enhanced to Rs. 1,90,000/- with further quantified amount of interest of Rs. 1,000/- on the enhanced amount of compensation of Rs. 5,000/-.

Respondent No. 3 the New India Insurance Company Limited is granted three months'' time for depositing the total sum of Rs. 6,000/- (Rs. 5,000/- towards enhanced amount of compensation + Rs. 1,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 5,000/-) before the concerning Claims Tribunal.

No order as to costs.