Ramautin Bai (Smt.) and Others vs Om Prakash and Others

Rajeev Gupta, C.J.

This is claimants'' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short the Tribunal'') vide award dated 13.09.2002, passed in Claim Case no. 304/2002.

As against the compensation of Rs. 20,50,000/-, claimed by the appellant, claimants, unfortunate widow, minor children and mother of deceased Jailal Mandavi by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the Motor accident on 13.04.2001, the Tribunal awarded a total sum of Rs. 7,30,000/- as compensation along with interest @ 8.5% per annum from the date of filing the claim petition till the date of actual payment.

The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Jailal Mandavi died on account of the injuries sustained by him in the motor accident on 13.04.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration number MP-25-B/0551; as the offending vehicle Truck on the date of the accident was insured with the Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.

As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.

The Tribunal assessed the income of the deceased at Rs. 8,5007- per month. By deducting Rs. 2,500/- towards personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 6,000/- per month and Rs 72,000/- per annum. By multiplying the annual dependency of Rs. 72,000/-with the multiplier of 10, the compensation was worked out to Rs. 7,20,000/ -. By awarding further sum of Rs. 10,000/- under the permissible heads, the Tribunal awarded a total sum of Rs. 7,30,000/- as compensation to the claimants for the death of deceased Jailal Mandavi in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 7,30,000/- @ 8.5% per annum from the date of the filing of the claim petition till the date of actual payment.

Shri Sushil Sahu, learned counsel appearing on behalf of Shri Praful Bharat, counsel for the appellants submitted that the Tribunal has erred in not accepting the gross income of Rs. 8,813/- as the income of the deceased and in assessing his income at Rs. 8,500/- per month only; in selecting the lower multiplier of 10; and in awarding low compensation of Rs. 7,30,000/-only

Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No. 3 on the other hand supported the award and contended that the Tribunal has been quite liberal in awarding substantial amount of Rs. 7,30,000/- as compensation to the claimants.

Deceased Jailal Mandavi was working as Naib Tahsildar. His salary certificate (Ex. P/1) reveals that he was getting gross salary of Rs. 8,813/-. The Tribunal certainly has fallen into error in assessing the income of the deceased at a lower figure of Rs. 8,500/- per month. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs. 8,813/- per moth and Rs. 1,05,756/- per annum.

By deducting the usual 1/3rd of Rs. 1,05,756/- towards personal expenses of the deceased, the claimants'' dependency is assessed at Rs. 70,504/ - per annum.

Deceased Jailal Mandavi was 45-46 years of age on the date of the accident as has been stated by his widow AW/1 Smt. Ramaulin Bai in her evidence before the Tribunal. Multiplier of 13, therefore would be appropriate in the present case in view of the recent dictum of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, wherein multiplier of 13 has been prescribed for the age group between 46-50 years.

By multiplying the annual dependency of Rs. 70,504/- with the multiplier of 13, the compensation works out to Rs. 9,16,552/-. By adding further sum of Rs. 5,000/- towards funeral expenses, Rs. 5,000/- for loss of consortium to the widow and Rs. 5,000/- for loss of estate, the claimants become entitled to receive a total sum of Rs. 9,31,552/-.

Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself.

Considering all the relevant factors including the delay in the disposal of the claim petition and the present appeal, and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs. 2,01,552/- at Rs. 18,448/-.

For the foregoing reasons, the appeal filed by the claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 7,30,000/- awarded by the Tribunal is enhanced to Rs. 9,31,552/- with further quantified amount of interest of Rs. 18,448/- on the enhanced amount of compensation of Rs. 2.01.552/-.

Respondent No. 3 the Oriental Insurance Company Limited is granted three months time for depositing the total sum of Rs. 2,20,000/- (Rs. 2,01,552/ - towards the enhanced amount of compensation + Rs. 18,448/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 2,01,552/-) before the concerning Claims Tribunal.

No order as to costs.