S.K. Shrivastav and Others vs Safiq Shah and Others

P.K. Jaiswal, J.—This appeal is filed by the claimants for enhancement of compensation.

Ashish Shrivastava was the only son of the claimant Nos. 1 and 2. At the time of accident, he was aged 21 years old and was studying IInd year of B.E. in the Institute of Engineering and Technology, Devi Ahilya Vishwavidyalaya at Indore. It is alleged that the deceased had bright future and after completion of B.E., he could earn between 10,000 and 15,000 rupees per month. On 9th January, 1999 at about 9.00 p.m., he was going to Bhopal from Indore by Ambassador car bearing registration No. M.B.W. 1649, which was driven rashly and negligently by respondent No. 1, Safiq Shah alias Aktar Khan (driver). He dashed against the stationary truck bearing registration No. M.P. 04/F-4895, which was parked on the side after the road at kachha sarak. Asa result of this accident, Ashish Shrivastava died. The vehicle was owned by Aktar Mohamed, respondent No. 2 and insured with United India Insurance Company Ltd. The accident was reported by Rajakumbar at Police Station, Jawar and F.I.R. (Ext. P-l1) was lodged on 9th January, 1999 at 11.30 p.m. Police authorities registered a case u/s 304A, Indian Penal Code against the respondent No. 1 vide Crime No. 2/99. Due to death of deceased (Ashish Shrivastava), compensation of Rs. 16,30,000 was claimed under various heads like future prospects, loss of estate, mental shocks, etc. etc.

Owner and driver remained absent and were proceeded ex parts before the Claims Tribunal, while Insurance Company denied the claim and stated that accident occurred by unidentified vehicle which hit the Ambassador car.

The Claims Tribunal on pleading of the parties and after recording the evidence came to the conclusion that accident took place due to rash and negligent driving of Ambassador car and compensation or Rs. 1,56,000 with interest at the rate of 12% per annum was awarded.

There is no dispute with regard to the factum of accident and death of the deceased (Ashish Shrivastava). The evidence also establishes taking place of the accident due to rash and negligent driving of the vehicle by respondent No. 1 and that the vehicle was insured with respondent No. 3. The dispute is with regard to determination of compensation. The learned Counsel for appellants submits that Claims Tribunal has assessed the compensation without taking into consideration the qualification and future prospects of the deceased and, therefore, inadequate compensation has been paid by the Claims Tribunal.

On the other hand, the learned Counsel for Insurance Company supported the award and submits that the Claims Tribunal has not committed any error in determination of compensation.

We have heard the learned Counsel, for the parties and perused the record of the case.

AW 1 S.K. Shrivastava, father of the deceased, has deposed that at the time of accident, deceased (Ashish Shrivastava) was doing B.E. from the Institute of Engineering and Technology, Devi Ahilya Vishwavidyalaya at Indore and after two years he would have become Engineer. He further stated that after two years, he would have got employment through campus selection and he could have got salary to the tune of Rs. 10,000 to Rs. 12,000 per month. AW 2 Sourabh Gaur has also deposed that the age of the deceased was 21 years and he was studying with him at Indore and after two years he would have become Engineer and in his Engineering College, in IVth year of engineering number of Company''s Personnel came to their college for campus selection and for giving job to the students which will get them minimum 15,000 rupees per month. AW 3, Manjeet Singh, in para 1 of his deposition stated that after two years, the deceased would have become Engineer and in his College, in IVth year of their studies, Company''s Personnel came to their Engineering College for campus selection and they gave offer for employment that they will get minimum salary of Rs. 10,000 per month and they gave offer practically to all the students. In para 3, he further stated that from last three years he was seeing that after completion of engineering, all the students got good job in Multi National Companies. Ext. P-10 is the mark-sheet of deceased (Ashish Shrivastava) which shows that he was studying in Engineering College at Indore. The Claims Tribunal assessed the dependency at the rate of Rs. 1,000 per month which came to Rs. 12,000 per annum, adopted the multiplier of 13 and awarded compensation of Rs. 1,56,000.

The Hon''ble Supreme Court in the case of Lata Wadhwa and Others Vs. State of Bihar and Others, , has observed that loss of a child to the parents is irrecoupable and no amount of money could compensate the parents. The Hon''ble Supreme Court to the children between the age group of 10 and 15 years, awarded compensation to the tune of Rs. 4,10,000 for each of the child of the said age group.

In the case of Shashendra Lahri Vs. UNICEF and Others, , the appellant suffered permanent disability. He was then a student of B.Com. aged about 17 years. The Tribunal awarded the sum of Rs. 33,000 (Rupees thirty-three thousand only). The High Court has enhanced the amount to the total of Rs. 58,000 (Rupees fifty-eight thousand only). In appeal the Hon''ble Supreme Court, held and laid down that:

In our opinion, this prayer of the appellant is quite reasonable. In view of the age of the appellant at the time of the accident and the prospects in view of his good academic career, the adverse effect of his permanent disability as a result of the motor accident on his future prospects, is much more than that assessed by the High Court. The award of a further sum of Rs. 4,00,000 in addition to that awarded by the High Court is quite reasonable. In our opinion, enhancement of the amount of compensation to this extent has to be made at this stage.

The evidence in this case is that the deceased was of 21 years and at the time of accident, he was studying in B.E. Second Year in the Institute of Engineering and Technology, Devi Ahilya Vishwavidyalaya at Indore. His father was Principal of Government College at Bhind. The deceased was unmarried and considering the future uncertainties: such as marriage of the deceased and enlargement of family after the marriage, the dependency of aged parents and dependent sister would decrease, as the expenses of the deceased would gradually increase after his marriage as he would have maintained a family of his own, the learned Tribunal held that the dependency of the appellants are Rs. 1,000 per month i.e. Rs. 12,000 per annum and on applying the multiplier of 13, compensation was determined as Rs. 1,56,000. We find that looking to the future uncertainties of the deceased, no presumption can be drawn on the earning of the deceased, the Tribunal had adopted the above method for working out what, in our opinion, appears to be just and appropriate compensation to which the claimants are entitled on account of economical loss suffered by them. The said view is approved by the Apex Court in the case of Donat Louis Machado and Others Vs. L. Ravindra and Others, . Over and above this amount of Rs. 1,56,000 (Rupees one lac fifty-six thousand) claimants will be entitled for further sum of Rs. 24,000 (Rupees twenty-four thousand only) towards damages under various heads such as loss of estate, funeral expenses, etc. Thus the total amount of compensation is determined at Rs. 1,80,000 (Rupees one lac eighty thousand only).

The award of Claims Tribunal is modified and compensation is enhanced from Rs. 1,56,000 to Rs. 1,80,000 (Rupees one lac eighty thousand only). Claimant will also be entitled for interest at the rate of 6% per annum on the enhanced amount of compensation from the date of filing of the appeal till its realisation. Appeal is partly allowed, without any order as to costs.