Parwati Devi & Others vs Paramjeet Singh & Others

Sudhanshu Dhulia, J

This is an appeal arising out of the award dated 25.07.2015 passed by the Motor Accident Claims Tribunal, Rudrapur, District Udham Singh Nagar in MACT Case No.154 of 2013, whereby a compensation of Rs.3,52,000/- (Rupees Three Lakh Fifty Two Thousand Only) has been awarded to the claimants.

Brief facts of the case are that on 14.05.2013 at about 03:35 p.m., one Lalji Prasad aged about 32 years was going on his motorcycle to his house from "Mahtosh". On this motorcycle were sitting the mother of Lalji Prasad namely Gulabo Devi aged about 54 years and two girl children namely Roshni and Kiran, aged about 12 years and 9 years respectively. It is alleged that when they reached near Premnagar Puliya, Gadarpur at about 03:35 pm, a truck bearing registration no. JK 02 C -1752 dashed the motorcycle from the back and crushed it, as a result of which, all the four persons who were riding on the motorcycle sustained injuries and ultimately all of them passed away. Thereafter, a claim petition was filed by the claimants and a compensation of Rs.6,00,000/- (Rupees Six Lakh Only) was claimed on account of death of Smt. Gulabo Devi.

The claim was admittedly moved under Section 163-A of the Motor Vehicles Act, 1988. Section 163-A of the Motor Vehicles Act, 1988 reads as under:-

"163-A. Special provisions as to payment of compensation on structured formula basis.- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs of or the victim, as the case may be.

Explanation.- For the purposes of this sub-section, "permanent disability" shall have the same meaning and extent as in the Workmen's Compensation Act, 1923 (8 of 1923).

(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person.

(3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule."

Written statements were filed by the insurance company, the driver as well as the owner of the ill fated truck.

On the basis of the pleadings, the learned Motor Accident Claims Tribunal framed the following issues:-

"1. Whether on 14.05.2013 at about 3:30 p.m. when Gulabo Devi, the mother-in-law of claimant no. 1 was coming towards her house along with his son Lalji Prasad on a motorcycle, the motorcycle had an accident in Gadarpur, with a truck bearing registration no. JK -02C-1752, which was being driven rashly and negligently by its driver?

Whether on the date and time of accident in question, the driver of the vehicle was not having valid and effective driving licence and the owner of the vehicle was not having valid insurance and papers? If yes, then its effect?

Whether the claimants are entitled to any relief, if yes then from which of the parties and to what extent?"

The learned Motor Accident Claims Tribunal while deciding issue no. 1 came to the conclusion that the accident in question occurred due to rash and negligent driving of the truck by its driver and due to the said accident Smt. Gulabo Devi had sustained injuries which resulted in her death.

So far as issue no. 2 is concerned, the learned Motor Accident Claims Tribunal came to the conclusion that the driver of the vehicle was having valid and effective driving licence on the date and time of the accident and the owner of the vehicle was having valid R.T.O. Papers and valid insurance.

As far as the compensation amount is concerned, the learned Motor Accident Claims Tribunal determined the annual notional income of the deceased as Rs.36,000/-(Rupees Thirty Six Thousand Only). Thereafter after deducting one-fourth from the said amount, the annual notional income for the purposes of compensation was calculated as Rs. 27,000/- (Rupees Twenty Seven Thousand Only). The learned Tribunal thereafter applied a multiplier of 11 and calculated the compensation to the tune of Rs.2,97,000/- (Rupees Two Lakh Ninety Seven Thousand Only). Apart from this, the learned Tribunal awarded a compensation of Rs.25,000/-(Rupees Twenty Five Thousand Only) towards funeral expenses and Rs.10,000/- (Rupees Ten Thousand Only) each to claimant nos. 2, 3 & 4 towards loss of love and affection. Thus the learned Tribunal awarded a total compensation of Rs.3,52,000/-(Rupees Three Lakh Fifty Two Thousand Only). Aggrieved by the amount of the compensation, the appellants have filed the present appeal before this Court. There is no appeal of the Insurance Company.

As far as deduction of one-fourth towards personal expenses is concerned, this has been rightly done by the learned Tribunal. To this extent, there is no anomaly in the award of the learned tribunal. However, this Court finds that amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) as funeral expenses has wrongly been fixed, and in the considered view of this Court, this should have been Rs.50,000/- (Rupees Fifty Thousand Only). Further, the amount of Rs.10,000/- (Rupees Ten Thousand only) each to claimant nos. 2, 3 and 4 towards loss of love and affection is also on the lower side, which is enhanced to Rs.1,50,000/-(Rupees One Lakh Fifty Thousand Only) i.e. Rs.50,000/-(Rupees Fifty Thousand Only) to each child.

The appeal is allowed. Let the learned Tribunal calculate the entire amount of compensation as per the above determination after adjusting the amount already given to the claimants, which shall be deposited by the insurance company within a period of three weeks from the date of production of a certified copy of this order, along with an interest of 9 percent from the date of judgment i.e. 25.07.2015. After the amount of compensation is deposited by the insurance company, let the amount be released in favour of the claimants forthwith as per the determination made by the learned Tribunal.