Rekha Tiwari vs Suhail Ahmad

Present appeal has been filed by the appellant-claimant, for the enhancement of the compensation, u/s 173 of the Motor Vehicles Act, 1988, against the judgment and order dated 31st May, 2011, passed by the Motor Accident Claims Tribunal, Faizabad, in Claim Petition No. 127 of 2010. The brief facts of the case are that on 12th January, 2009, at about 10.00 p.m., the deceased Sri Dharampal @ Annu Tiwari was going on a motorcycle bearing number U.P. 32 CL/3353. He was a pillion rider. When they reached near Faizabad Highway, the driver could not visualize the divider and the motorcycle hit it. Sri Dharampal has fallen down which resulted his death. The motorcycle was insured with the opposite party No. 3 i.e. National Insurance Company Ltd. On the date of accident, the policy was alive. The claimant-appellants have filed a claim petition before the Tribunal, who after examining the entire evidence has awarded a total compensation of Rs. 2,63,000 along with the interest @ 6% against the Insurance Company-opposite party No. 3. Not being satisfied, the appellant-claimants have filed the present appeal.

Heard Mr. Rajendra Jaiswal, learned Counsel for the appellants and Mrs. Alka Verma, learned Counsel for the Insurance Company.

After hearing both the parties and on perusal of the record, it appears that the accident is undisputed. The Tribunal has awarded compensation against the Insurance Company.

The only dispute, in the present appeal, is pertaining to the compensation awarded by the Tribunal.

In the instant case, the Tribunal has taken the income of the deceased @ Rs. 2,400. Out of it, 1/3rd was deducted. But the fact remains that the accident occurred on 12th January, 2009. So, as per the ratio laid down in the case of Laxmi Devi and Others Vs. Mohammad Tabbar and Another, , the notional income will have to be taken @ Rs. 3000 i.e. Rs. 36,000 per annum. Out of it, 1/3rd will have to be deducted. So, the income will come to Rs. 36,000 - Rs. 12,000 = Rs. 24,000. The age of the deceased was 27 years. So, the multiplier of 18 was rightly applied by the Tribunal. Hence, the compensation comes to Rs. 24,000 x 18 = Rs. 4,32,000. In addition, the claimant-appellants are also entitled for a sum of Rs. 9,500 for funeral charges, loss of consortium, etc. Therefore, the appellant-claimants are entitled to get the total compensation of Rs. 4,41,500 along with the interest @ 6% per annum from the date of filing of the claim petition before the Tribunal. For this purpose, the impugned award is modified accordingly.

Hence, the opposite party No. 3-National Insurance Company Ltd. is directed to deposit full/remaining amount before the Tribunal, within a period of one month.

The Registry of this Court is also directed to transmit the amount/record, if any, to the concerned Tribunal, within a period of one month. The Tribunal is further directed to disburse the amount in terms of the award, within a period of three months thereafter. In the result, the appeal filed by the appellant-claimants is partly allowed.