Shakuntla And Others vs Naresh Kumar And Others

Avneesh Jhingan, J

The award dated 03.10.2013 passed by the Motor Accident Claims Tribunal, Bhiwani (for brevity 'the Tribunal') in MACT case No. 98 of 2012 has been assailed by the legal heirs of Dinesh seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act')

The widow, two minor children and parents of Dinesh are the appellants. The driver of Tata Canter bearing registration No. HR-39-B-3076 (hereinafter referred to as 'offending vehicle), owner and insurer (i.e. United India Insurance Co. Ltd.) of the offending vehicle have been arrayed as respondents no. 1 to 3 respectively in the appeal.

The brief facts necessary for adjudication of the present appeal are that a motor vehicular accident took place on 04.09.2011. The vehicles involved in the accident were motorcycle bearing registration No. HR-16-H-5075 and the offending vehicle. The accident proved fatal for Dinesh aged 26 years. FIR No. 392, dated 05.09.2011 was registered at Police Station Bhiwani Sadar.

A claim petition under Section 166 of the Act was filed. The Tribunal after considering the facts and on appreciating the evidence adduced, held that the accident was caused due to rash and negligent driving of the offending vehicle. The driver, owner and insurer of the offending vehicle were held jointly and severally liable to pay the compensation. The Tribunal awarded compensation of Rs.7,02,280/- alongwith interest @ 7% per annum. The amount awarded included Rs.25000/- under the conventional heads.

The Tribunal assessed the monthly earning of the deceased as Rs.4426/-by relying upon the minimum wages for an unskilled labour prevalent in the State of Haryana at the time of accident; 1/4th deduction for self-expenses was made and multiplier of '17' was applied.

Heard learned counsel for the parties and perused the paper book. Learned counsel for the appellants contends that the Tribunal erred in assessing the monthly income of the deceased as Rs.4426/- whereas the minimum wages for an unskilled labourer in the State at the time accident was Rs.4644/-. His grievance is that no future prospects have been awarded and the amount awarded under the conventional heads are on the lower side.

Learned counsel for the respondents defend the award and resisted any further enhancement.

There is no dispute between the parties with regard to the age of the deceased; deduction made and the multiplier applied.

The tribunal rightly relied upon the minimum wages prevalent at the time of accident in the State of Haryana for an unskilled labourer but took a wrong figure, as minimum wages were Rs.4644/-. The compensation is to be calculated by taking the monthly income of the deceased as Rs.4644/-.

Having due regard to the decisions of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi and others; 2017 (4) RCR (Civil) 1009 and Hem Raj vs. Oriental Insurance Company Ltd 2018 (2) PLR 480; 40% future prospects are awarded, as the deceased was 26 years old at the time of accident and is covered in the category of self employed or having fixed wages.

In consonance with the decision of the Supreme Court in Pranay Sethi's case (supra), claimants are also entitled to Rs.15000/- each for funeral expenses and for loss of estate. The widow of the deceased is entitled to Rs.40,000/- for loss of consortium.

In view of afore-said discussion, the compensation is re-calculated as under:

Head

Compensation awarded

(i)

Monthly income

Rs. 4644/- per month

(ii)

Future prospects at 40%

Rs. 1858/-

(iii)

Total Income

Rs. 6502/- per month

(iv)

Deduction

of

personal

Rs. 1626/- (i.e. 1/4th of total income)

expenses

(v)

Multiplier

17 (as per age of deceased)

(vi)

Loss of income

4876x12x17= Rs.9,94,704/-

(vii)

Funeral expenses

Rs.15,000/-

(viii)

Loss of estate

Rs.15,000/-

(ix)

Loss of consortium

Rs.40,000/-

Total

Compensation

Rs.10,64,704/-

awarded

The award dated 03.10.2013 is modified to the extent that amount of Rs.7,02,280/- awarded by the Tribunal is enhanced to Rs.10,64,704/-. The appellants shall be entitled to the enhanced amount alongwith interest @7.5% per annum from the date of filing of the claim petition till the realization of the amount.

The appeal is allowed.