Mangee Mundain And Ors vs Mahabir Kumar Mantri And Ors

Heard, learned counsel for the parties.

This Miscellaneous Appeal has been preferred by the claimants/appellants for enhancement of the award dated 15.04.2013 passed by learned

District Judge- cum- Motor Accident Claims Tribunal, Simdega in M.A.C.C. No. No.03 of 2009 whereby the claimants (Mangee Mundain and her

minor children namely, Budhwa Munda, Sende Munda, Chemu Munda and Saniyan Munda) have been awarded compensation to the tune of

Rs.3,17,000/- along with interest @ 6% per annum from the date of filing i.e. 27.01.2009 to be paid within two months, failing which the interest shall

be paid @ 12 % per annum from the date of the order till the date of payment besides the interest pendente lite.

Learned counsel for the appellants has submitted that learned Tribunal has wrongly considered the income of the deceased and also applied wrong

multiplier and under the conventional head less amount has been paid and future prospect has not been given as well as interest has also been paid on

the lower side, as such, this Court may consider the same and enhance the compensation amount considering the judgment passed by the Apex Court

in the case of Ranjana Prakash & Ors. vs. Divisional Manager & Anr., reported in 2011 (14) SCC 639.

Learned counsel for the appellants has submitted that deceased was a shopkeeper which will be apparent from the impugned award mentioned at

para 12 that he was earning monthly income of Rs.4,000/- from Stationary-Kirana Shop, but in a Rural side all shops are not registered or have

registration number and there is no name of the shop rather shops are run on the credit of the name of owner of the shop, as such, it is not proper for

learned Tribunal to disbelieve that deceased was self-employed and running a grocery shop in his area.

Learned counsel for the appellants has further submitted that judgment passed by the Hon'ble Apex Court in the case of Chameli Devi vs. Jivrail

Mian, reported in 2019 (4) TAC 724 SC, para 20, the Apex Court has considered the income of the deceased to be Rs.5,000/- even in absence of

documentary evidence, when the deceased was a carpenter and the occurrence is of the year, 2001, but in the present case the claimants have only

claimed the income of the deceased to be Rs.4,000/- per month, as such, this Court may consider the same and grant Award considering the future

prospect and other benefits in view of the judgment passed by the Apex Court.

Learned counsel for the respondent no.2, Mr. G.C. Jha has submitted that impugned award is just and fair compensation which has been passed by

the learned Tribunal on the basis of available materials brought on record.

Learned counsel for the respondent no.2, Mr. G.C. Jha has further submitted that learned Tribunal has rightly considered that since no documents

has been filed on behalf of the applicant to show that there was any such shop in the name of her deceased husband, hence under these facts and

circumstances the notional income of the deceased has rightly been taken to the Rs.3,000/- per month and thus his yearly income comes to

Rs.36,000/-.

Learned counsel for the respondent no.2, Mr. G.C. Jha has fairly submitted that learned Tribunal has committed error by deducting 1/3 rd towards

personal and living expenses of the deceased which ought to have been 1/4 th considering the number of dependents to be five, in view of the

judgment passed by the Hon'ble Apex Court in the case of Sarla Verma (Smt) & others vs. Delhi Transport Corporation & another, reported in (2009)

6 SCC 121.

After hearing the parties, the admitted facts between the parties are as such:- Deceased- Hadua Munda died on 08.07.2007 at the age of 45 years

leaving behind his dependents wife:-

(1) Mangee Mundain and her minor children namely, (2) Budhwa Munda, (3) Sende Munda, (4) Chemu Munda and (5) Saniyan Munda.

Deceased died in a road accident by bus bearing registration no.BR-14P/3366 coming from the Bano side and the deceased was a foot walker on the

side of the road and near the shop of Deonish Munda of Village Sariba he got fatal injuries and he fell down and died at the spot. The vehicle was duly

insured before the New India Assurance Company Ltd. vide Insurance Policy No. 540900/31/07/01/00000245 valid from 22.05.2007 to 21.05.2008. In

view of the Exhibits and evidence brought on record, the income of the deceased from his stationery and kirana shop has not been considered by the

learned Tribunal to the tune of Rs.4,000/- per month in absence of documentary evidence, contrary to the judgment passed by the Hon'ble Apex Court

in the case of Chameli Devi (supra).

Thus, this Court considers the income of the deceased to be Rs.4,000/- per month. The computation of compensation shall be on the basis of

income, age of deceased and size of family i.e. number of dependents. Annual income =Rs.4,000/- x 12 = 48,000/-. Then deduction towards personal

and living expenses as 1/4th in view of para 30 of the judgment passed by the Apex Court in the case of Sarla Verma (supra), i.e. Rs.48,000/- minus

Rs.48,000/- x 1/4th (Rs.12,000/-) Total= Rs.36,000/- which shall be given with 25% as future prospect in view of para 59.4 of the judgment passed by

the Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, reported in (2017) 16 SCC 680.

Then total income is Rs.36,000/- + [Rs.36,000/- x 25% - Rs.9,000/-] i.e. Rs. 36,000/- + Rs.9,000/- = Rs.45,000/-.

After multiplying with multiplier 14, amount comes to Rs. 45,000/- x 14 = Rs.6,30,000/-.

Then Rs.6,30,000/- + Rs.70,000/- as conventional head in view of the judgment passed by the Hon'ble Apex Court in the case of Pranay Sethi

(supra) (for the loss of Estate Rs.15,000/-, for loss of consortium Rs.40,000/- and for funeral expenses Rs.15,000/- is to be given).

Then total compensation comes to Rs.6,30,000/- + Rs.70,000/- = Rs.7,00,000/-.

As such, total compensation comes to Rs.7,00,000/- and Rs.50,000/- already paid under Section 140 M.V. Act, shall be deducted then the amount

will be Rs.7,00,000/- minus Rs.50,000/- = Rs.6,50,000/- which shall be paid to the claimants along with interest @ 7.5% from the date of filing of the

claim application till the date of realization within a reasonable period in view of Section 171 MV Act and read with the judgment passed by the Apex

Court in the case of Dharmpal and Sons Vs. UP State Road Transport Corporation, reported in 2008 (4) JCR 79 SC.

The amount already paid, if any, shall be deducted from the aforesaid amount.

Accordingly, the instant miscellaneous appeal is hereby allowed.