Shyama Malviya (Smt.) and Others vs Mukesh Kumar Goyal and Others

N.K. Mody, J.—This is an appeal filed by the claimants u/s 173 of the Motor Vehicles Act against an award dated 16.7.2009 passed by 1st MACT, Hoshangabad in claim case No. 82/2008. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 11,74,552/- with interest to the claimants for the death of one Kailash, who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent? It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants'' favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

As observed supra, it is a death case. On 3.3.2008, Kailash aged 52 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs. 11,74,552/-.

Learned counsel for the appellants submits that the learned tribunal assessed the income of the deceased @ Rs. 12,586/- per month and after deducting 1/3rd towards personal expenses applied the multiplier of 11. It is submitted that the income of the deceased is assessed on lower side and on other heads also amount awarded is on lower side. It is submitted that learned Tribunal committed error in not taking further prospects into consideration. It is submitted that the appeal filed by the appellants be allowed and the amount of compensation be enhanced.

Learned counsel for Insurance Company submits that the amount awarded by the learned Tribunal is just and proper and no case for enhancement is made out. It is submitted that since deceased was above 50 years in the age group of 52-53 years, therefore, for future prospects the law laid down in the matter of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , deals with future prospects in the cases, where age of the deceased is below 50 years. It is submitted that the appeal be dismissed.

In the matter of Sri. K.R. Madhusudhan and Others Vs. The Administrative Officer and Another, the Hon''ble Apex Court had an occasion to re-consider the judgment rendered in the matter of Sarla Verma and also in the matter of Sarla Verma the Hon''ble Apex Court has held that there should not be any addition where age of the deceased was more that 50 years. It was further held that rule of thumb is to be applied to those cases where there is no concrete evidence on record of definite rise in income due to future prospects. It was further held that it can be deviated from in exceptional circumstances where income of deceased was found to increase.

After going through the above position of law, this Court finds that it is not a case, which comes under the purview of exceptional circumstances, therefore, thumb rule has to be applied. However, a case for enhancement is made out and the same is enhanced by Rs. 50,000/-.

Thus, the appellants are entitled for a total sum of Rs. 12,24,552/- instead of Rs. 11,74,552/-. The enhanced amount of Rs. 50,000/- shall carry interest @ 8% p.a. from the date of application. The cross objections filed by the respondent No. 3 stands dismissed. With the aforesaid modification the appeal stands disposed of.