Mohinder Kaur And Others vs Sandeep Singh And Others

Avneesh Jhingan, J

The award dated 20.04.2018 passed by the Motor Accident Claims Tribunal, Ludhiana [for brevity 'the Tribunal'] has been assailed by widow, parents and three children of Jarnail Singh seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act'].

The driver, owner and insurer (i.e. Tata AIG General Insurance Company Ltd.) of Mahindra TUV 300 bearing registration No. PB-10FL-8119 [hereinafter referred to as 'offending vehicle'] have been arrayed as respondents No.1 to 3 respectively in the appeal.

The factum of accident is not disputed by the parties.

A motor vehicular accident took place on 12.06.2016, the accident proved fatal for Jarnail Singh, aged 38 years. The accident was result of rash and negligent driving of the offending vehicle. The owner, driver and insurer of the offending vehicle were held jointly and severally liable to pay the compensation.

In the claim proceedings, it was pleaded that the deceased was working as a Labourer with a Contractor but the claimants failed to prove occupation and monthly earning of the deceased. The Tribunal assessed monthly earning of the deceased as Rs. 6,000/- per month; 40% future prospects were awarded; 1/4th deduction for self-expenses was made and multiplier of '15' was applied. The Tribunal awarded compensation of Rs. 13,12,000/-alongwith interest @ 7.5% per annum. The amount awarded included Rs. 70,000/- under the conventional heads.

The only issue raised in the present appeal is that the deceased was treated as an unskilled labourer but income assessed is less than the minimum wages prevalent in the State of Punjab at the time of accident. No other dispute has been raised by either party.

Learned counsel for the insurer defends the income assessed and argues that the claimants failed to prove occupation and earning of the deceased.

In cases where the claimants failed to prove occupation and earning of the deceased, one of the safest yardstick is to rely upon minimum wages prevalent in State at relevant time. There is no challenge to the fact that the deceased was working as a labourer. The minimum wages for an unskilled labourer were Rs. 7,210/- per month.

The compensation is re-calculated considering the income as Rs. 7,210/- per month as under:-

Particulars

Amount (in Rs. )

Monthly income of the deceased as assessed

7,210/-

40% Future Prospects

2,884/-

Sub Total

10,094/-

1/4th deduction for self expenses

2,523/-

Monthly Dependency

7,571/-

Annual Dependency

90,852/-

Applying multiplier of '15'

13,62,780/-

Funeral Expenses

15,000/-

Loss of Estate

15,000/-

Loss of consortium to the widow

40,000/-

Grand Total

14,32,780/-

The award dated 20.04.2018 is modified to the extent that amount of Rs. 13,12,000/- awarded by the Tribunal is enhanced to Rs. 14,32,780/-.

The claimants shall be entitled to the enhanced amount alongwith interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.

The appeal is allowed in the aforesaid terms.