Kartari Devi and Another vs Sabu and Another

G.P. Mittal, J.—This appeal is for enhancement of compensation in respect of death of Pawan Kumar, who was aged about 20 years at the time of accident, which took place on 23.01.1998. The Motor Accident Claims Tribunal (the Tribunal) by the impugned award granted a compensation of Rs. 2,51,800/-. Initially the claim petition filed by the Appellant was dismissed. The said order was set-aside in MAC. APP. No. 162/2005 by an order dated 01.12.2009. In para 10 of the order dated 01.12.2009, it was held as under: -

Noting that the accident relates to the year 1998 and the factum of the accident and death of Pawan Kumar in the accident is not disputed and the Tribunal has already given the finding with respect to the rash and negligent driving of the offending vehicle, the learned Tribunal is directed to complete the inquiry within two months.

Thus the Tribunal was directed to make an inquiry as to the quantum of compensation. The contentions raised on behalf of Appellants are as under: -

(i) The deceased was running an electrical shop and earning Rs. 3,000/- per month. He was a non-matriculate yet the minimum wages of an unskilled worker were taken into consideration by the Tribunal instead of a non-matriculate.

(ii) The compensation of Rs. 2,51,800/- is too low and cannot be said to be just compensation as even in the case of a minor the compensation of Rs. 3,75,000/- is being awarded by the superior courts. A reliance is placed on R.K. Malik and Another Vs. Kiran Pal and Others, and in National Insurance Co. Ltd. Vs. Farzana and Others, .

CONTENTION No. (i)

In the claim petition filed before the Tribunal it was averred that the deceased was running an electrical shop in Narela and was earning Rs. 3,000/- per month. In the absence of any evidence as to the factum of running of the shop or earning Rs. 3,000/- per month, the Tribunal took a minimum wages of an unskilled worker as Rs. 1,784/- added 50% on the basis of Kanwar Devi v. Bansal Roadways, 2008 SCJ 2182; National Insurance Company Ltd. v. Renu Devi, III (2008) AC 134 and UPSRTC v. Munni Devi, MAC. APP. No. 310/2007, and deducted 50% towards personal expenses and computed the loss of dependency as Rs. 2,24,784/-. The School Leaving Certificate as Ex. PB of the deceased was proved during the inquiry before the Tribunal, which clearly established that the deceased left the school in the year 1996 when he was studying in 10th standard. The minimum wages of a non-matriculate on the date of accident were Rs. 1,977/-, whereas the same were Rs. 1,784/- of an unskilled worker. In the circumstances, the Tribunal ought to have taken into account the minimum wages of a non-matriculate instead of an unskilled worker.

CONTENTION No. (ii)

It is urged by the learned counsel for the Appellant that this Court in National Insurance Co. Ltd. Vs. Farzana and Others, while relying on R.K. Malik and Another Vs. Kiran Pal and Others, and Lata Wadhwa and Others Vs. State of Bihar and Others, awarded a compensation of Rs. 2,51,000/- towards loss of dependency as taking a notional income at Rs. 15,000/- per annum, Rs. 75,000/- towards future prospects and Rs. 75,000/- towards loss of love and affection. It is urged that thus the compensation in case of death of an adult cannot be less than the compensation awarded in respect of death of a minor. In R. K. Malik (supra) a tragedy occurred when a private Bus carrying school children fell into the river Yamuna on account of rash and negligent driving of the Bus driver. Without going into the merits as to the educational qualification and the performance of each of the child a compensation of Rs. 2,25,000/- was awarded on the notional income of Rs. 15,000/-. Grant of compensation depends on so many factors i.e. the deceased''s income, the age of the deceased, the age of the claimants, etc. etc. There may be cases where there may not at all be the loss of financial dependency and compensation may be awarded only towards loss of estate A. Manavalagan Vs. A. Krishnamurthy and Others, Thus, it cannot be laid down as a general proposition that compensation of at least Rs. 3,75,000/- is to be awarded in each and every case irrespective of its facts and circumstances. This contention does not hold much water.

COMPUTATION

The Appellants are the deceased''s parents. Appellant No. 1 (the deceased''s mother) was aged 43 years at the time of the accident and in the absence of any evidence with regard to the age of Appellant No. 1, the dependency was calculated at the said age by applying a multiplier of ''14''. The compensation on the wages of non matriculate, thus, works out as Rs. 1977 + 50% = 2,965 / 2 = 1,482 x 12 x 14 = 2,49,102/-.

The compensation awarded towards loss of love and affection needs enhancement to Rs. 25,000/-. The revised compensation can be computed as under: -

Compensation granted by the Tribunal:

1.

Loss of dependency

Rs. 2,24,784/-

2.

Funeral & miscellaneous expenses

Rs. 7,000/-

3.

Loss of estate

Rs. 10,000/-

4.

Loss of love and affection

Rs. 10,000/-

Total

Rs. 2,51,784/-

(Total compensation rounded off to Rs. 2,51,800/-)

Compensation enhanced:

1.

Loss of dependency

Rs. 2,49,102/-

2.

Funeral & miscellaneous expenses

Rs. 7,000/-

3.

Loss of estate

Rs. 10,000/-

4.

Loss of love and affection

Rs. 25,000/-

Total

Rs. 2,91,102/-

(Total compensation rounded off to Rs. 2,91,100/-)

Enhanced compensation of Rs. 39,300/- shall be deposited by Respondent No. 2 (Union of India) with the Registrar General of this Court within six weeks along with interest @ 7.5% per annum from the date of filing of the petition till the date of payment. Out of the said compensation a sum of Rs. 10,000/- with proportionate interest shall be paid to Appellant No. 2. Rest of the amount shall be payable to Appellant No. 1. The enhanced amount shall be held in the form of FDR for a period of 2 years.