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Judgment
R.K.Gauba, J
Smita Saini, an unmarried girl, aged 28 years, suffered injuries in a motor vehicular accident that had occurred on 28.02.2010 involving negligent
driving of a Tata truck bearing registration no.HR-38K-9193 admittedly insured against third party risk with the first respondent (insurer) for the period
in question and died in the consequence. Her parents (appellants herein) instituted accident claim case (MACT 43/12/10) on 13.04.2010 seeking
compensation.
The Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 17.02.2012, awarded compensation in the total sum of
Rs.17,38,500/-, the liability having been fastened to pay with interest at the rate of 7.5% p.a. in their favour against the first respondent, the said
amount inclusive of Rs.17,03,500/- towards loss of dependency, Rs.25,000/- towards loss of love and affection and Rs.5,000/- each for loss to estate
and funeral expenses.
The claimants by the appeal at hand sought enhanced compensation submitting various grounds.
The appeal was admitted and directed to be shown in the list of ‘Regulars’, to come up on its own turn as per order dated 14.01.2016. When
it is called out for hearing, there is no appearance for the appellants. The counsel for the insurer has been head and the record perused.
It was proved before the tribunal that the deceased was employed with Reliance Communications Ltd. as an employee in the position of L-3 by
letter dated 31.01.2008 (Ex. PW3/A), the last emoluments earned being salary in the sum of Rs.29,266.43 for the month of February 2010 (Ex.
PW3/D). The tribunal has correctly deducted the income tax liability of Rs.3,458/- and has taken the monthly income for Rs.25,808/-.
The calculation of loss of dependency by the tribunal, however, fell into error due to omission give any benefit of future prospects of increase and
by applying the multiplier of 11 on the basis of the age of the claimant / mother. Following the ruling of the Constitution Bench of the Supreme Court
rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors., the element of future prospects of
increase in income will have to be added to the extent of 50% and the multiplier of 17 invoked.
The loss of dependency is, thus, re-calculated as [Rs.25,808/- x 150/100 / 2 x 12 x 17] Rs.39,48,624/-, rounded off to Rs.39,49,000/- (Rupees Thirty
nine lakh and forty nine thousand only). The awards under the non-pecuniary heads of damages also need to be brought in accord with the ruling in
Pranay Sethi (supra). Therefore, amounts of Rs.15,000/- each towards loss of estate and funeral expenses are added.
The total compensation is re-computed as [Rs.39,49,000/- + Rs.15,000/- + Rs.15,000/-] Rs.39,79,000/- (Rupees Thirty nine lakh and seventy nine
thousand only).
The award is modified accordingly.
Following the consistent view taken by this Court, the rate of interest is increased to 9% per annum from the date of filing of the petition till
realization. [see judgment dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.]
The first respondent (insurer) is directed to satisfy the enhanced award by requisite deposit within 30 days with the tribunal. The entire amount
now to be paid in terms of the modification hereby ordered, shall be released as exclusive share of the first appellant Shyam Kala (mother), in the
form of an interest bearing fixed deposit receipt for a period of ten years with right to draw periodic interest.
The appeal is disposed of in above terms.