Rekha Bai and Others vs Samiulla and Others

Arun Mishra, J.—This appeal has been preferred by claimants for enhancement of compensation aggrieved by an award dated 24.2.2001 passed in Claim Case No. 50 of 2000 by Addl. Motor Accidents Claims Tribunal, Multai, District Betul.

In an accident dated 5.4.93 deceased Vitthalrao Satpute was travelling in bus No. DDT 9201 which was coming from Savangi to Masod. Deceased was going to the place of his duty. Bus was driven by Samiulla, it was owned by Ramrao and was insured with New India Assurance Co. Ltd. Claimants are widow, children, parents and brother of the deceased. The deceased was travelling on the rear seat; all of a sudden door opened, he fell down, sustained injuries and died. Report of the accident was lodged. Offence u/s 304A of the Indian Penal Code was registered as against the driver. Vitthalrao was sole bread-earner for the family. He was a craft teacher in the government school. Compensation in the sum of Rs. 25,24,000 was claimed by claimants. Non-applicants parents and brother have also claimed compensation of Rs. 6,44,000.

The owner and driver in their reply contended that the deceased himself was negligent. He jumped from the bus owing to which he fell down. Other passengers were not injured which indicates that driver of the bus was not driving it in a rash and negligent manner.

The insurer in the reply contended that there was no knowledge with it of the facts mentioned in the claim petition. Though the vehicle was insured but intimation of the accident was not given, excessive compensation has been claimed, as such insurer be exonerated from making the payment of compensation.

Learned Claims Tribunal has found that the accident was caused owing to rash and negligent driving of driver of the bus, respondent No. 1, while he was negotiating the culvert, he drove the bus in a rash and negligent manner owing to which deceased fell down and sustained injuries and died. Compensation has been determined at Rs. 3,99,500 along with interest at the rate of 6 per cent per annum from the date of filing of claim petition. Dissatisfied with the quantum of compensation which has been awarded, this appeal has been preferred for enhancement of compensation.

Mr. Neelesh Kotecha, learned counsel for the claimants, has submitted that deceased was drawing salary of Rs. 3,254. He was having large family of 7 members to support. He was sole bread-earner for the family. His age was 34 years. Multiplier of 17 is applicable whereas multiplier of 15 has been applied. 1/3rd deduction has been made. Considering the large number of family members, the deceased was not spending 1/3rd amount on himself. He was spending at the most 10 per cent to 20 per cent amount on himself considering the number of dependants, thus compensation be suitably enhanced.

Mr. Virendra Verma, learned counsel appearing on behalf of respondent No. 3, has supported the award and submitted that just compensation has been worked out. No case for enhancement is made out.

After hearing the learned counsel for the parties, in our opinion, as the age of the deceased was 34 years, multiplier of 17 was applicable, the Claims Tribunal has erred in law in applying multiplier of 15. Coming to the question of deduction to be made from the income of the deceased, admittedly deceased was drawing salary of Rs. 3,254 per month, considering the large number of the dependants which are 7 in number in the instant case deceased must have been spending Rs. 754 on himself. Thus, we find that loss of monthly dependency in the instant case is Rs. 2,500, loss of annual dependency comes to Rs. 30,000 (Rs. 2,500 x 12), on applying multiplier of 17 which is applicable at the age of 34 years, compensation comes to Rs. 5,10,000 (Rs. 30,000 x 17). In addition claimants are entitled for further sum of Rs. 2,000 on account of funeral expenses, Rs. 2,500 for loss to estate, Rs. 5,000 on account of loss of expectancy of life; further sum of Rs. 5,000 is awarded to the widow on account of loss of consortium. Thus, the total compensation comes to Rs. 5,24,500 (rupees five lakh twenty-four thousand five hundred). The compensation enhanced by us to carry interest at the rate of 6 per cent per annum from the date of filing of claim petition.

Resultantly, the appeal is allowed in part. No costs.