Saroj Rani and Others vs Prem Chand and Others

Vijender Singh Malik, J.—This is an appeal brought by the claimants for enhancement of compensation which they claimed by way of a claim petition u/s 163A of the Motor Vehicles Act, 1988 (for short ''the Act'') on the death of Surinder Kumar having occurred in a road side accident that took place on 09.11.2009. The claim petition has been allowed by learned Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri (for short ''the Tribunal'') vide award dated 18.07.2011 in a sum of Rs. 3,39,800/- in favour of the claimants. Surender Kumar was aged 48 years. He was a driver with Mam Chand and was earning Rs. 3200/- per month. The claimants were dependent upon his income.

The claim petition has been opposed by the respondents. They have denied the claim petition to be covered u/s 163A of the Act. They are also denied to have locus standi to file the claim petition. The respondents have denied the age, occupation and income of the deceased as claimed by the claimants.

Taking the income of the deceased at Rs. 3200/- per month as alleged by the claimants, learned Tribunal noticed the age of the deceased as mentioned in the post mortem report as 50 years. Relying upon the age of the deceased mentioned in the post mortem report, learned Tribunal took the age of the deceased as 50 years. He has deducted 1/3rd from the income as the expenses of the deceased on himself and adopting the multiplier of 13, assessed a sum of Rs. 3,32,800/- as lost by the claimants in the death of Surender Kumar. Adding to it, a sum of Rs. 2000/- as funeral expenses and a sum of Rs. 7000/- as loss of consortium, a sum of Rs. 3,39,800/- is assessed as compensation.

Besides arguing that nothing has been awarded in the name of loss of estate as is available in the second schedule appended to the Act, learned counsel for the appellants has contended that keeping in view the number of the claimants, which was 5, the Tribunal should have deducted 1/4th from the income towards the expenses of the deceased on himself.

Learned counsel for respondent No. 2 did not dispute the submission of learned counsel for the appellant that no amount has been awarded in this case under the head loss of estate. However, he has submitted that the claim petition had been brought u/s 163A of the Act and the compensation has to be awarded as per the structured formula strictly in accordance with the second schedule. According to him, in the second schedule, it is clearly mentioned by way of a note that the amount of compensation so arrived at in the case of fatal injuries, compensation shall be reduced by 1/3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had be been alive. According to him, the aforesaid provision cannot be deviated from.

Hon''ble Supreme Court of U.P. State Road Transport Corporation and Others Vs. Trilok Chandra and Others, has laid down that calculation of compensation and the amount worked out in schedule suffers from several defects. It has been authoritatively laid down that the 2nd schedule can only be used as a guide. If this second schedule is to be used a guide, then in proper cases the deduction can be altered. In the case in hand, the claimants are five in number and taking into account the large number of dependents, it may be justified if the deduction of 1/4th is made to the compensation assessed in this case. Adopting the deduction of 1/4th in this case, I find a sum of Rs. 2400/- per month as the dependency of the claimants on Surender Kumar. Multiplying it with 12, the annual dependency comes to Rs. 28,800/- which multiplied with 13 brings out a sum of Rs. 3,74,400/- as the amount lost by the claimants in the death of Surender Kumar. Adding to it, a sum of Rs. 9500/- towards loss of estate, loss of consortium and funeral expenses, I assess a sum of Rs. 3,83,900/- as compensation in favour of the claimants-appellants. In the result, the appeal succeeds and is allowed enhancing the compensation from Rs. 3,39,800/-, to Rs. 3,83,900/- which shall be paid to the claimants with interest @ 7.5% per annum from the date of filing of petition till the date of realization thereof. Out of this amount, a sum of Rs. 1,83,900/-, would fall to the share of appellant no. 1 and the remaining amount shall be shared in equal by appellants No. 2 and 3 and respondents No. 4 and 5. The amount of the share of the minor appellants Preeti and Gagan shall be deposited in some fixed deposit in some nationalized bank for the period till they attained the age of majority.