Shahnaj Khatun and Others vs Suleman and Others

Rajeev Gupta, C.J.—This is claimants''s appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Balod, district Durg (for short ''the Tribunal'') vide award dated 26-08-2011, passed in Claim Case No. 229/2011. As against the compensation of Rs. 48,65,000/- claimed by the appellants/claimants, unfortunate widow, minor daughters and parents of deceased Firoj Ansari by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 11-02-2010, the Tribunal awarded a total sum of Rs. 4,67,000/- as compensation along with interest @ 6% per annum from the date of the filing of the claim petition till the date of actual payment.

The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Firoj Ansari died on account of the injuries sustained by him in the motor accident on 11-02-2010; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. CG-19/H-2478; as the above offending vehicle Truck on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions ,the Insurance Company was liable to pay compensation to the claimants.

As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same now have attained finality.

The Tribunal assessed the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum. By deducting 1/3rd of Rs. 36,000/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 24,000/- per annum. By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 18, the compensation was worked out to Rs. 4,32,000/-. By awarding further sum of Rs. 35,000/-under other heads, the Tribunal awarded a total sum of Rs. 4,67,000/- as compensation to the claimants for the death of deceased Firoj Ansari in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 4,67,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

Shri Arvind Kumar Dubey, learned counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 3,000/- per month; in deducting 1/3rd in place of �th of the income of the deceased towards his personal expenses and in awarding low compensation of Rs. 4,67,000/- only.

Smt. Chitra Shrivastava, learned counsel for respondent No. 3, the New India Insurance Company Limited, the insurer of the offending vehicle Truck on the other hand supported the award and contended that the compensation of Rs. 4,67,000/- awarded by the Tribunal can never be termed as inadequate so as to warrant enhancement in this appeal.

True, the claimants pleaded that deceased Firoj Ansari, aged about 25 years, used to earn Rs. 10,000/- per month as Road Roller Operator, no cogent and reliable evidence was led before the Tribunal in that behalf. Admittedly, deceased Firoj Ansari was not holding any driving license for driving a Road Roller. In fact, he was holding a driving license of the motorcycle only. Section 10 of the Motor Vehicles Act requires a separate license or endorsement for driving a Road Roller. In this state of evidence, it is difficult to believe that the deceased was a Road Roller Operator. The assessment of the income of the deceased by the Tribunal on its own estimate at Rs. 3,000/- per month and Rs. 36,000/- per annum, therefore, cannot be found fault with.

Nevertheless, the deduction of 1/3rd of the income of the deceased by the Tribunal towards the personal expenses of the deceased requires reconsideration, as there are as many as five claimants in the case and at least four of them i.e. widow, the two minor daughters and mother were dependent on the income of the deceased. We, therefore, accept the submission of learned counsel for the appellants that the Tribunal ought to have deducted only �th of the income of the deceased towards his personal expenses. We, therefore, assess the claimants'' dependency at Rs. 27,000/- per annum by deducting �th of Rs. 36,000/- towards the personal expenses of the deceased.

The claimants cannot have any legitimate grievance about the selection of multiplier of 18 selected by the Tribunal as it is the highest multiplier prescribed in the Second Schedule u/s 163-A of the Motor Vehicles Act.

By multiplying the annual dependency of Rs. 27,000/- with the multiplier of 18, the compensation works out to Rs. 4,86,000/-. The claimants are further entitled to receive Rs. 5,000/- towards funeral expenses; Rs. 5,000/- towards loss of consortium of the widow; and Rs. 5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs. 5,01,000/- as compensation for the death of deceased Firoj Ansari in the motor accident.

The claimants are awarded further sum of Rs. 4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 34,000/-.

For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 4,67,000/- awarded by the Tribunal is enhanced to Rs. 5,01,000/- with further quantified amount of interest of Rs. 4,000/- on the enhanced amount of compensation of Rs. 34,000/-.

Respondent No. 3 the New India Insurance Company Limited is granted three months'' time for depositing the total sum of Rs. 38,000/- (Rupees thirty-eight thousand only) (Rs. 34,000/- towards enhanced amount of compensation + Rs. 4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 34,000/-) before the concerning Claims Tribunal. No order as to costs.