Kamla Bai Soni vs Ajaruddin Khan

The present appeal has been preferred by the appellants against the award dated 31.01.2017 passed by the MACT, Raigarh in Claim Case Nos.570/2013, whereby the claim of the appellants/claimants was partly allowed and they were held entitled to the tune of Rs.7,02,000/- with 6% interest p.a., against which the present appeal has been filed by the appellants for enhancement of the compensation amount.

Brief facts of the case are that on 08.12.2012 when the deceased Santosh Soni along with others had gone towards Chandrapur for temple visit from Village Kotba in a pickup vehicle and when they were returning, near Bypass Road, Kosamnara Chowk, Kotra Road, Raigarh, at about 5 to 6 pm, the offending vehicle Tota Motors Pickup bearing Registration No.CG-13-D-9419 driven by the respondent No.1 rashly and negligently dashed the vehicle of the deceased, as a result of which the pickup vehicle overturned and the deceased Santosh Soni along with other persons died on the spot, upon which a crime was registered against the respondent Nos.1 & 2, the driver and owner of the offending vehicle and subsequently claim petition was filed by the dependents of the deceased, who happen to be his wife and children.

Learned counsel for the appellants submits that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. The learned Tribunal has considered the income of the deceased only as Rs.100/- while doing the work of labourer, which is a very meager amount. Likewise, the amount awarded for funeral expenses, loss of love and affection is also on very meager side and the same needs to be enhanced. Therefore, the appeal may kindly be allowed and the compensation amount may suitably be enhanced on various heads in addition to the amount already awarded in favour of the appellant. Learned counsel has placed his reliance on the judgment rendered by the Supreme Court in the matter of National Insurance Company Limited vs Pranay Sethi and others (2017) 16 SCC 680.

No one appears on behalf of the respondent Nos.1 & 2 despite notice being served upon them.

Learned counsel for the respondent No.3/insurance company supports the impugned award and submits that in the facts and circumstances of the case, the compensation awarded by the Tribunal in favour of the appellants is just and proper and it requires no further enhancement, as such the instant appeal deserves to be dismissed.

Heard learned counsel for the parties and perused the material available on record.

From the pleadings of the respective parties and overall evidence available on record, it postulates that the accident occurred with the offending vehicle, which was insured with respondent No.3/Insurance Company and was being driven by respondent No.1. Evidence further goes to show that the offending vehicle was driven in a rash and negligent manner, as a result of which the vehicle, in which the deceased and others were sitting, got overturned, and consequence there upon, the the deceased Santosh Soni and others died on the spot itself, which resulted into filing of claim petition before the learned Tribunal.

The learned Tribunal after appreciating the evidence available on record, ocular as well as documentary, allowed the claim of the appellant in part and awarded total compensation of Rs.7,02,000/-in favour of the appellants/claimants with 6% interest per annum from the date of filing of claim petition taking the notional income of the deceased as Rs.36,000/- per annum while doing the work of labourer, deducting 1/3rd towards his personal expenses and applying the multiplier of 18 and calculating the compensation on other heads as well.

In a motor accident claim case what is important is that the compensation awarded by the Courts/Tribunals should be just and proper in the facts and circumstances of the case, it should neither be meager amount of compensation nor bonanza.

Now the question which falls for consideration before this Court is as to whether the compensation of Rs.7,02,000/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case or not.

The deceased at the time of accident was about 30 years of age and his notional income was considered to be Rs.100/- per day, monthly Rs.3,000/- and Rs.36,000/- yearly while doing the work of labourer and after deducting 1/3rd on his personal expenses and applying the multiplier of 18 to the multiplicand, the total sum comes Rs.4,32,000/- (24000x18). Apart from it, amount of Rs.20,000/-towards funeral expenses, Rs.1,00,000/- towards companionship, Rs.1,50,000/- towards love and affection (Rs.50,000/- for each children). Therefore, total compensation of Rs.7,02,000/- was awarded in favour of the appellants/claimants. (Rs.4,32,000/- + 20,000/- + 1,00,000/- + Rs.1,50,000/- = Rs.7,02,000/-). But considering the fact that the incident is of the year 2012 and the claim petition of the claimant was allowed in the year 2017 and looking to the rising price index, the notional income of the deceased can safely be taken Rs.4,000/- per month and Rs.48,000/- per year. Since at the time of accident, the deceased was 30 years old and was having three children, therefore, multiplier of 17 should have been applied instead of 18 and 1/4th should have been deducted towards his personal expenses instead of 1/3rd of his income, as he was having three children and wife. (See : Sarla Verma (Smt) and others vs Delhi Transport Corporation and another (2009) 6 SCC 121). The appellants/claimants would be entitled to the compensation in the following manner:-

Head

Amount awarded

Amount enhanced

Funeral expenses

Rs.20,000/-

Rs.25,000/-

Companionship

Rs.1,00,000/-

Rs.1,50,000/-

Love and affection

Rs.1,50,000/-

Rs.2,00,000/-

Loss of income due to death

Rs.4,32,000/-

Rs.6,12,000/- (36,000x17)

Total

Rs.7,02,000/-

Rs.9,87,000/-

Thus, the claimants/appellants are entitled to the total amount of compensation of Rs.9,87,000/-. Since the appellants/claimants have already been awarded Rs.7,02,000/-, as such after deducting the said amount, the claimants/appellants are entitled for enhanced amount of Rs.2,85,000/- (9,87,000 – Rs.7,02,000). This additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim petition before the Tribunal till realization of compensation amount in favour of the appellants/claimants. The amount received by the claimants, if any, shall be adjusted in the enhanced sum.

In the result, the appeal is allowed in part and the award impugned stands modified to the extent indicated hereinabove. No order as to cost (s).