Madhuri Devi And Ors vs Srinath Mahto And Ors

,

M.A. No. 201 of 2017,

The appellant United India Insurance Company Limited has preferred this Appeal against the Award dated 07.01.2017 in Title (M.V.) Suit No.09,

of 2013 passed by learned District Judge cum Motor Vehicle Accident Claims Tribunal, Court No.1, Giridih whereby the claimants have been",

awarded a compensation of Rs.8,29,000/- with interest @9% per annum from the date of filing of claim application till its realization.",

Learned counsel for the appellant has assailed the impugned award on the ground that the driver of the offending trailor bearing registration No.JH,

11F 1527 was not holding valid and effective license. Learned counsel for the appellant has further submitted that the future prospect of the deceased,

has been wrongly considered to be 30% which ought to have been 25% in view of the judgment passed by the Apex Court in the case of National,

Insurance Company Limited vs. Pranay Sethi & Ors. as reported in (2017) 16 SCC 68,0 para-59.4. Learned counsel for the appellant has further",

submitted that the simple interest has been awarded on the compensation amount @9% per annum from the date of institution of the case till its,

realization which ought to have been @7.5% in view of the judgment of Hon'ble Apex Court in the case of Dharmpal and Sons vs. UP State Road,

Transport Corporation; 2008 (4) JCR 79 SC, as such the same may be modified.",

Learned counsel for the respondents has submitted that deceased Ashok Ram was returning to his village from Giridih Town by motorcycle bearing,

registration No.JH 11B 2373 and while he reached near Fulchi more, Dhanbad-Giridih Pucca Road, a tractor attached with trailor bearing registration",

No.JH 11F 1526, JH 11F 1527 which was driven by its driver rashly and negligently knocked his motorcycle from opposite direction, as a result of",

which, Ashok Ram died at the spot. Learned counsel for the respondents has further submitted that the deceased was aged about 39 years and was",

earning Rs.10,000/- per month, as such, the Award has rightly been passed by the learned Tribunal and requires no interference by this Court.",

Heard, learned counsel for the appellant and the learned counsel for respondents and perused the materials available on record. This Court in",

analogous matter has directed the owner of the vehicle to produce the driving license issued to the driver Avinash Kumar Yadav whose license has,

been issued from the office of District Transport Officer, Giridih, the same was found to be valid and effective which was also submitted by the",

District Transport Officer, Giridih in his report under sealed cover. Thereafter the Insurance Company was given time vide order dated 16.12.2019.",

Nothing contrary has been produced to disbelieve the same, as such, this Court is of the opinion that the driver of the offending vehicle has a valid and",

effective license. Further, this Court has perused the judgment of the Apex court in the case of Pranay Sethi (supra) and has found that deceased was",

in the age group of 41 years and falls in the category of 40 to 50 years, as such, the future prospect is reduced to 25% as he was a self-employed.",

Further, interest is reduced from 9% to 7.5% per annum from the date of filing of the claim application till its realization in view of the judgment of",

Apex Court in the case of Dharmpal (supra).,

Accordingly, this appeal is modified to the extent mentioned above.",

M.A. No.201/17 is disposed of.,

The statutory amount of Rs.25,000/- deposited by the appellant at the time of filing of the application before this Court shall be refunded/reimbursed",

by the Registrar General to the Insurance Company through his counsel within a period of four weeks from the date of filing of the requisition by the,

counsel.,

M.A. No. 64 of 2017,

The Claimants are the appellants before this court. They have preferred this Appeal for enhancement of the Award dated 07.01.2017 in Title,

(M.V.) Suit No.09 of 2013 passed by learned District Judge cum Motor Vehicle Accident Claims Tribunal, Court No.1, Giridih whereby the claimants",

have been awarded a compensation of Rs.8,29,000/- with interest @9% per annum from the date of filing of claim application till its realization.",

Learned counsel for the appellants has assailed the impugned award on three grounds:,

(a) Learned Tribunal has considered the income of the deceased to the tune of Rs.5000/- per month contrary to the evidence laid by the claimants,

regarding monthly income of Rs.10,000/- per month. Learned counsel for the claimant has submitted that Madhuri Devi (A.W.1), Binod Ram (A.W.2)",

and Ganesh Ram (A.W.3) have been examined and stated that deceased had earning of Rs.10,000/- per month as he was doing business. Learned",

counsel for the appellant has submitted that the Insurance Company/respondent has not controverted the same by cross-examination of the witnesses,",

as such, the income should be enhanced to Rs.10,000/-.",

(b) Learned counsel for the appellants has submitted that under the conventional head instead of Rs.70,000/- in view of judgment passed by Apex",

Court in the case of Pranay Sethi (supra) has only awarded Rs.10,000/- as funeral expenses. In view of the judgment Pranay Sethi (supra) an amount",

of Rs. 70,000/- has to be paid under the conventional head (Rs. 15000/- as funeral expenses, Rs.15,000/- as loss of estate and Rs.40,000/- as loss of",

consortium), as such, there shall be enhancement of Rs. 60,000/-.",

(c) Learned counsel for the appellants has also prayed for enhancement of the rate of interest @9% per annum in view of the recent judgment passed,

by the Apex Court in case of Chameli Devi vs. Jivrail Mian & Ors.; 2019 (4) TAC 724 (SC), Jagdish vs. Mohan & Ors.; (2014) 2 TAC 14 SC and",

also Perminder Singh vs. New India Assurance Company Limited & Ors.; (2019) Acci CR 975.,

Learned counsel for the Insurance Company has not disputed the same in view of the judgment passed by the Apex Court but has submitted that,

judgment passed by Apex Court in the case of Dharmapal (supra) Hon'ble Apex Court has decided ratio regarding rate of simple interest as 7.5% per,

annum from the date of filing of claim application till realization of compensation amount or the prevalent rate of interest as on date of award.,

Heard learned counsel for the appellants and learned counsel for the respondents and perused the materials available on record. On perusal of the,

materials it appears that, so far income is concerned, though the Apex court in the case of ShivaKumar M. vs. Managing Director, Bengaluru",

Metropolitan Transport Corporation; (2017) 5 SCC 79 has considered that the appellant made self statement of earning Rs.15,000/- to 16,500/-, no",

evidence was recorded. The Tribunal has considered the income to be Rs.5500/- which was enhanced by the High Court in appeal up to Rs.6500/-,

and the same was enhanced by the Apex Court to Rs.10,000/-.Considering the same, this Court enhance the income of the deceased to be Rs.7000/-",

per month as there is oral evidence with regard to income of the deceased as a Hawker to be Rs.10,000/-though there is no documentary proof of the",

same.,

This Court considers the recent judgment passed by the Apex Court in the case of Chameli Devi (supra) as well as M. Shiv Kumar (supra) and,

consider the income of the deceased to be Rs.7000/-. Accordingly, the income of the deceased Ashok Ram is Rs.7000/-. Accordingly ground no.(a) is",

Income,Rs.7000/-

Future Prospect,Rs.1750/- (25% of the income)

Deductions towards personal expenses,Rs.2187/- (1/4th of Rs.7000 +1750)

Total income,Rs.6563/-

Multiplier applied,14

Loss of future income,"Rs.11,025,84 (6563 x 12 x 14)

Loss under conventional head,"Rs.70,000/-

Total compensation,"Rs.11,72,584 along with interest @7.5% per annum from the

date of making application till the date of payment after

deducting the amount already paid.