Mamta and Others vs Sangeeta and Others

N.K. Mody, J.—This is an appeal filed by the claimants u/s 173 of the Motor Vehicles Act against an award dated 28.2.2011 passed by M.A.C.T., Indore in Claim Case No. 22 of 2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 25,39,336 with interest to the claimants. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal that the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and, if so, to what extent?. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of the claimants by the Tribunal. Secondly, none of these findings though recorded in claimants'' favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing the facts on all these issues.

As observed supra, it is a death case. On 7.3.2010 deceased Rajendra, who was aged 34 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs. 25,39,336, break-up of which is as under:

Learned counsel for the appellants submits that in a motor accident deceased Rajendra died on 7.3.2010 and learned Tribunal awarded Rs. 25,39,336. It is submitted that income of the deceased was taken as Rs. 13,158 per month while income of the deceased is Rs. 13,841 after deducting 1/3rd towards personal expenses and after adding 50 per cent towards future prospects applied the multiplier of 16. Learned counsel submits that since appellants are 4 in number, therefore, deduction ought to have been of 1/4th. It is submitted that on a number of heads no amount was awarded. It is submitted that amount awarded is grossly inadequate which deserves to be enhanced by allowing the appeal filed by the appellants.

Learned counsel for the respondents submit that in the facts and circumstances of the case, the amount awarded by the learned Tribunal be reduced. It is submitted that the appeal filed by the appellants be dismissed and amount be reduced.

After taking into consideration all the facts and circumstances of the case, it appears that salary of the deceased was Rs. 13,841 out of which the deceased was paying income tax at the rate of Rs. 125. Thus, monthly income ought to have been taken as Rs. 13,716 instead of Rs. 13,158. After taking into consideration future prospects income ought to have been taken as Rs. 20,574 instead of Rs. 19,737. So far as the deduction of 1/3rd is concerned, since the appellant No. 4 is having 2 other sons, therefore, it cannot be said that appellant No. 4 was dependent upon the deceased alone, thus, deduction of ?rd towards the personal expenses is just and proper. So far as other heads are concerned, amount awarded is on lower side which deserves to be enhanced. This court is of the opinion that a case for enhancement is made out. In view of this, the appeal filed by the appellants is allowed and the appellants are entitled for the following amount:

Thus, the appellants are entitled for a total sum of Rs. 26,58,472 instead of Rs. 25,39,336. The enhanced amount of Rs. 1,19,136 shall carry interest at the rate of 8 per cent per annum from the date of filing the application. Enhanced amount shall be deposited by the respondents/ insurance company with the learned Tribunal and the learned Tribunal is directed to invest 80 per cent of the said amount on long-term fixed deposit in the name of the appellant Nos. 1 and 2 in the nearest nationalised bank in the area where the appellants are residing under the guardianship of appellant No. 1, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in the S.B. Account of appellant No. 1, which shall be opened by the appellant No. 1 from where appellant No. 1 can withdraw the amount as per needs of rest of the appellants. However, on an application by the appellant No. 1, this condition can be modified by the learned Tribunal in exceptional circumstances, if made out by the appellant No. 1. With the aforesaid modifications, the appeal stands disposed of. C.C. as per rules.