Smt. Anchi Devi W/o Shiv Ram @ Suva Ram Salvi vs Shri Islam S/o Mehtab Khan

This appeal is directed against judgment and award dated

04.12.1999 passed by Motor Accident Claims Tribunal, Rajsamand

(''the Tribunal''), whereby, the Tribunal has awarded a sum of

Rs. 1,59,000/- as compensation alongwith interest @ 12% per annum from the date of application i.e. 07.08.1997.

Application for compensation was filed by wife, four children

and parents of deceased Shiv Ram alias Suaram with the

averments that the deceased was going on foot from Kamalighat

when the offending vehicle Truck No. HR-38-9293 came from

behind, which was being driven rashly and negligently by Driver of

the said Truck and struck Suaram, resulting in grievous injuries, to

which, he succumbed. It was claimed that the deceased was aged

35 years, he used to earn Rs. 5,000/- per month. Based on the

said averments compensation to the tune of Rs. 16,10,000/- was

claimed.

The application was resisted by the Insurance Company by

filing reply.

The Tribunal framed four issues. On behalf of claimants two

witnesses were examined and on behalf of Insurance Company no

evidence was led.

After hearing the parties, the Tribunal came to the conclusion

that the accident occurred on account of rash and negligent

driving by Driver of the Truck. While assessing the amount of

compensation, the Tribunal came to the conclusion that the age of

the deceased was 38 years; the claim of the claimants that the

deceased was working as construction contractor was not

accepted and as the claimant - wife of the deceased claimed that

she was getting Rs. 30/- per day as wages, the income of the

deceased was assessed at Rs. 1,500/- per month and after

deducting Rs. 300/- towards personal expenses, a multiplier of 10

was adopted and a sum of Rs. 1,44,000/- towards loss of income

was awarded, Rs. 15,000/- towards loss of consortium was

awarded to the wife and in all a sum of Rs. 1,59,000/- was

awarded.

It is submitted by learned counsel for the appellants that the

Tribunal awarded a meager sum as compensation to the

claimants, which is contrary to the material available on record.

It was submitted that the pleadings and oral evidence of the

claimants was consistent that the deceased was working as

construction contractor and used to earn Rs. 5,000/- per month

and the Tribunal without any reason did not accept the said aspect

of the matter and has arbitrarily assessed the income of the

deceased at Rs. 1,500/- per month and, therefore, the same

deserves to be modified. Further submissions were made that the

Tribunal has wrongly applied multiplier of 10, the small amount

awarded towards loss of consortium and denial of amount for loss

of love, affection and care to the children and parents of the

deceased is contrary to the law laid down by Hon''ble Supreme

Court in the case of Sarla Verma v. Delhi Transport Corporation :

(2009) 6 SCC 121 and, therefore, the award impugned deserves

to be modified.

Despite service no one is present on behalf of respondents.

I have considered the submissions made by learned counsel

for the appellants and have perused the material available on

record.

The claimants though claimed that the deceased was

working as construction contractor, except for the oral testimony

of Smt. Anchi, no other witness was produced to support the

contention and further no material with regard to the fact that the

deceased was involved in such work was produced. In view

thereof, the Tribunal was justified in coming to the conclusion that

the claimants failed to establish the fact that the deceased was

working as construction contractor and, consequently, used to

earn Rs. 5,000/- per month.

However, the assessment made by the Tribunal of the

income of the deceased based on the statement of Smt. Anchi

that she was getting daily wages at Rs. 30/- per day appears to be

misplaced. The Tribunal taking the daily wages of the deceased at

Rs. 50/- has assessed the income at Rs. 1,500/-, which looking to

the number of persons he was supporting in the family, appears to

be on lower side and, therefore, the same is enhanced to Rs.

2,100/- per month.

The deduction of 1/5th by the Tribunal looking to the number

of dependents on the deceased, appears to be just and proper,

however, the multiplier adopted of 10 is contrary to the judgment

in the case of Sarla Verma (supra) according to which, for persons

aged 36 to 40 years, a multiplier of 15 is required to be adopted.

In view thereof, the claimants would be entitled to

compensation for loss of income at Rs. 2,100x12x15=3,78,000-

75,600=3,02,400/-.

So far as the amount of consortium awarded and denial of

amount towards love, affection and care is concerned, the amount

of consortium awarded is on the lower side, which is enhanced to

Rs. 25,000/- and the claimants - children and parents of the

deceased are entitled to compensation for loss of love, affection

and care at Rs. 10,000/- each. The Tribunal has not awarded any

amount towards funeral expenses, which in the circumstances of

the case, is assessed at Rs. 2,500/-.

In view thereof, the claimants would be entitled to a total

compensation of Rs. 3,89,900/-, which is rounded off to

Rs. 3,90,000/-.

Consequently, the appeal is partly allowed. The award dated

04.12.1999 is modified to the extent that instead of a sum of

Rs. 1,59,000/-, the claimants would be entitled to a sum of

Rs. 3,90,000/- alongwith interest @ 7% per annum from the date

of application i.e. 07.98.1997.

The amount of enhanced compensation alongwith interest be

paid to Smt. Anchi Devi wife of the deceased only. Out of the total

amount of compensation, 70% amount be paid in the saving bank

account of Smt. Anchi and 30% amount be placed in Fixed Deposit

for a period of three years.