Rukmani Devi And Ors vs Suraj Das And Ors

The matter comes upon an application (01/2019) for early hearing of the matter.

For the reasons mentioned in the application, the same is allowed. With the consent for the parties, the matter is heard finally today itself.

The present appeal has been preferred by the appellants for enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Churu vide award dated 11.12.2014 passed in Motor Accident Claim Application Case No. 10/2011.

The present appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Churu for grant of compensation. The reply was filed on behalf of the respondents denying the allegations in the claim petition. Thereafter, on completion of the pleadings the learned Tribunal framed the issues.

After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the appellants and awarded a sum of Rs. 7,98,800/- in favour of the appellants and directed the respondents to pay interest @ 6% per annum on the amount awarded from the date of filing of the application i.e. 13.01.2011.

Learned counsel for the appellant submits that the computation of the salary of the deceased and the future prospects have not been properly dealt with by the Tribunal and, therefore, the Tribunal has erred while passing the award of compensation in the present case vide award dated 11.12.2014. He further submits that the re-computation of the income o the deceased and the future prospects applicable in the present case are required to be decided in the light of judgment of Hon'ble Supreme Court in the case of S.L.P. (Civil) Case No. 25590/2014 (National Insurance Company Limited V/s Pranay Sethi & Ors.) reported in 2017/ACJ/2700, 2017(4)J.L.J.R. 275, 2017(4)P.L.J.R. 261.

The counsel for the respondent is not in a position to dispute the submissions made by the appellants.

The computation which is required to be done in the present case is as under :-

D.O.A.                         =          2010

Income of deceased     =          Rs. 96,000/- per annum

Future Prospects          =          30%

Age 43 Years               =          14

(Multiplier as per Sarla Verma's Case u/s 166)

(Rs. 96000/- + 28,800/-) x 14 - 1/3

Rs. 11,64,800/-

Loss of Consortium

Rs. 40,000/-

Loss of Estate

Rs. 15,000/-

Funeral Expenses

Rs. 15,000/-

Total

Rs. 12,34,800/-

Already awarded by learned Tribunal (-)

Rs. 7,98,800/-

Final Total

Rs. 4,36,000/-

Therefore, the re-computation of the award will show that the claimants are entitled to an amount of Rs. 4,36,000/- in addition to whatever has been awarded by the Tribunal. Since the counsel for the parties have addressed only these two issues, this Court has not disturbed the findings of the Tribunal on the other issues dealt with.

In the circumstances, the appeal is allowed. The respondents are directed to disburse an amount of Rs. 4,36,000/-to the claimants in addition to the amount already awarded by the learned Tribunal vide its award dated 11.12.2014 within a period of two months from today. The enhanced amount will carry an interest @ 6% per annum with effect from date of filing of the claim petition i.e. 13.01.2011 till the same is actually paid to the claimants.