Kunti Bai and Others vs Mahadeo Vishwakarma and Others

Rajeev Gupta, C.J.—This is claimants appeal for enhancement of the compensation awarded by the Motor Accideent Claims Tribunal Dhamtari (for short ''the Tribunal'') vide award dated 11-7-2011, passed in Claim Case No. 181/2010. As against the compensation of Rs. 11,15,000/- claimed by the appellants/claimants, unfortunate widow, minor children and mother of deceased Pritam Gandharva by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident in the interfering night of 16th and 17th June, 2010, the Tribunal awarded a total sum of Rs. 2,92,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition t8ill the date of actual payment.

The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Pritam Gandharva died on account of the injuries sustained by him in the motor accident in the intervening night of 16th and 17th June, 2010; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck bearing registration No. CG-05/D-0152; as the above offending vehicle truck, on the date of the accident, was insured with the Oriental Insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants.

As the insurer of the above offending vehicle truck has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same, now have attained finality.

The Tribunal assessed the income of the deceased at Rs. 3,000/- per month. By deducting 1/3rd of Rs. 3,000/- towards the personal expenses of the deceased, the claimants dependency was assessed at Rs. 2,000/- per month and Rs. 24,000/- per annum. By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 12, the compensation was worked out to Rs. 2,88,000/-. By awarding further sum of Rs. 4,000/- under other heads, the Tribunal awarded a total sum of Rs. 2,92,000/- as compensation to the claimants for the death of deceased Pritam Gandharva in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 2,92,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

Shri P. K. Patel, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs. 3,000/- per month and the claimants dependency at Rs. 2,000/- per month and Rs. 24.000/- per annum, it has erred in selecting the lower multiplier of 12; in awarding low sum of Rs. 4,000/- only under other heads; and in awarding low compensation of Rs. 2,92,000/- only.

Smt. Chitra Shrivastava, learned counsel for respondent No. 3 the Oriental Insurance Company Limited, the insurer of the offending vehicle truck on the other hand supported the award and contended that the compensation of Rs. 2,92,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

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

Now, we shall examine as to whether the compensation of Rs. 2,92,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

As learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs. 3,000/- per month and the claimants dependency at Rs. 2,000/- per month and Rs. 24,000/- per annum, we do not deem it necessary to examine these aspects of the matter.

Deceased Pritam Gandharva was shown to be 35 years of age in his postmortem report and the claim petition. The dictum of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, prescribes multiplier of 16 for the age group between 31-35 years. The Tribunal, therefore, has apparently erred in selecting the lower multiplier of 12 in place of 16. We, therefore, propose to re-compute the compensation by applying the multiplier of 16.

By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 16, the compensation works out to Rs. 3,84,000/-. The claimants are further entitled to receive Rs. 5,000/- towards funeral expenses; Rs. 5,000/- towards loss of consortium to the widow; and Rs. 5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs. 3,99,000/- as compensation for the death of deceased Pritam Gandharva in the motor accident.

Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal 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.

Considering all the relevant aspects of the matter 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 on the enhanced amount of compensation of Rs. 1,07,000/- at Rs. 13,000/-.

For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 2,92,000/- awarded by the Tribunal is enhanced to Rs. 3,99,000/- with further quantified amount of interest of Rs. 13,000/- on the enhanced amount of compensation of Rs. 1,07,000/-.

Respondent No. 3 the Oriental Insurance Company Limited is granted three month''s time for depositing the total sum of Rs. 1,20,000/- (Rupees one lakh twenty thousand only) (Rs. 1,07,000/- towards enhanced amount of compensation + Rs. 13,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 1,07,000/-) before the concerning Claims Tribunal. No order as to costs.