Shabnam And Others vs Rameshwar Mali And Other

Though this case has been listed in the motion hearing, with the consent of learned counsel for the parties, heard finally.

The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 20/08/2015 passed

in claim case No.72/2014 by Motor Accidents Claims Tribunal, Neemuch district Neemuch.

Facts relevant and necessary for disposal of this appeal lie in narrow compass: On 22/05/2014 at about 5.00 am deceased Mehmud Hussain

(husband of appellant No.1, father of appellants No.2 to 4 as well as son of the appellants No.5 and 6) was sleeping on the platform situated at the

Community Hall far from the road. At the relevant time, the offending vehicle truck bearing registration No.MP04/HE-1782 driven by respondent

No.1 negligently and rashly dashed from reversed side treaded him as a result, the deceased had suffered grievous injuries on various parts of the

body and died at spot.

Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was aged about 33 years. He was earning

at least Rs.4,500/- per month by doing Electrician work. Because of the incident, he met untimely death. The family is reeling under most precarious

financial constraints and also suffered the loss of love and affection of the deceased.

The claimants/appellants have challenged the amount of compensation awarded by the Tribunal on the premise that the compensation awarded is

meager and on lower side on various heads and even future prospects of the deceased have not been awarded appropriately. Hence, the

compensation has to be enhanced.

Learned counsel for the Insurance Company has supported the impugned award. On merits, it is submitted that looking to the facts and

circumstances of the case, the amount awarded by the Tribunal is just and proper and no enhancement is called for. Accordingly, prayed for dismissal

of the appeal.

Heard.

It is established from the material available on record that the accident took place by the offending vehicle and the offending vehicle was duly

insured with the respondent No.3/Insurance Company. The deceased suffered grievous injuries in the accident in question and died on the spot.

The moot question to be addressed upon in the appeal preferred by the claimants is as to whether the tribunal was justified awarding Rs.6,48,000/-,

loss of dependency + Rs.1,00,000/- Loss of consortium, Rs.25,000/- Funeral Expenses and Rs.50,000/- Loss of care and love and affection; total

compensation of Rs.8,23,000/- + plus interest at the rate of 8% per annum to the claimants.

Having gone through the impugned award and looking to the fact that deceased was 30-35 years of age on the date of accident, loss of

earning/dependency and his future prospects have not been assessed properly. Hence, in the opinion of this Court, the amount awarded by the

Tribunal is on the lower side and needs to be enhanced appropriately.

The finding of the tribunal as regards earning of the deceased as determined under section 163 of the Motor Vehicles Act is incorrect. Therefore,

the finding as regards earning of the deceased is totally perverse and absolutely unreasonable. Considering the fact that the deceased was supporting

his family by earning, the income of deceased is assessed as Rs.4,500/- per month. The tribunal has not awarded under the head 'future prospects'.

Hence, the amount of compensation has to be awarded under the said head Keeping in mind the principle laid down by the Hon'ble Supreme Court in

2017 ACJ 2700National Insurance Company Limited Vs. Pranay Sethi and others and the age of the deceased as assessed in the post mortem report

as 33 years, the claimants are entitled for future prospects of 40%; thus Rs.54,000/-+ Rs,21,600= 75,600/- - 18,900/(1/4th towards personal expenses)

= 56,700/-. The deceased as per post mortem report found to be 33 years of age. Hence, the multiplier '16' is appropriate multiplier. After deducting

1/4th towards personal expenses of the deceased, out of Rs.75,600/- , i.e., Rs.56,700/, the amount comes to Rs.56,700/- x 16 = total dependency

comes to Rs.9,07,200/-.

The Tribunal has awarded the compensation on the heads as follows:

(i) towards loss of dependency  : Rs.6,48,000/-

(ii) towards consortium : Rs. 1,00,000/-

(iii) towards Love and affection : Rs.  50,000/-

(iv) towards funeral expenses      : Rs. 25,000/-

 Total                  ::  Rs.8,23,000/-

Bearing in mind the principle laid down by the Hon'ble Supreme Court in the case ofNational Insurance Company Limited (supra) and to meet the

ends of justice, the compensation awarded by the Tribunal is substituted and the claimants are entitled for just compensation as follows:

(i)towards loss of dependency  : Rs.9,07,200/-

(ii)towards other heads        : Rs.  70,000/-

Total                    :: Rs.9,77,200/                        Â

As such, the total amount awarded to the claimants is from Rs.8,23,000/- to Rs.9,77,200/- - (i.e., the enhanced amount comes to Rs.1,54,200/-),

with interest at the rate of 8% per annum which is ordered accordingly to be payable to the claimants as directed by the Tribunal in the same

apportionment. The enhanced amount of compensation shall be payable to the claimants within 12 weeks from the date of production of a certified

copy of this order. Rest of the award impugned passed by the Tribunal shall remain intact.

Appeal stands allowed to the aforesaid extent and disposed of.