Smt. Anita and Others vs Brajbhushan Chaturvedi and Others

M.A. Siddiqui, J.—Assailing the award dated 31st October, 2007 passed by the 4th Member Motor Accident Claims Tribunal, Chhatarpur in Claim Case No. 36/2006 on the point of inadequacy of the compensation, the appellants have preferred this appeal u/s 173 of the Motor Vehicles Act, 1988. The appellants had filed the claim petition u/s 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 25,00,000/- ( Rs. Twenty five lac only), on account of death of deceased Mata Prasad in an accident took place on 7th May, 2006. It was pleaded by the claimants i.e., widow, kids, father and mother that the sole bread earner of the family has died in the accident having his earning from agriculture and working in Tyre Shop at Chhatarpur and getting Rs. 2,000/- per month, however the compensation as prayed in the claim petition may be awarded.

The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 2,70,000/- only, out of which in loss of dependency Rs. 1,500/- accepting the earning of the deceased Rs. 2,000/- per month, applying the multiplier of ''16'' and after deducting 1/4 towards personal expenses. The Tribunal has also awarded some amount in conventional heads i.e. funeral Rs. 2,000/- by the impugned award.

As the incident occurred, negligence of driver, driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal and cross-case under Order XLI, Rule 22 CPC has been filed by respondent No. 3 on the ground of contributory negligence and Tribunal has not adjudicated this point and has fastened the liability without any ground.

In nut shell the facts giving rise to the appeal are that appellants presented application u/s 166 before the Claims Tribunal Chhatarpur for getting compensation to the tune of Rs. 25 lacs on account of death of Mata Prasad who died in an accident occurred on 7th May, 2006 at about 8.45 p.m. near Cement Pipe Factory at Nowgaon, Chhatarpur road due to rash and negligent driving by driver of tractor (Mahendra Co.) No. MP 16 M/3248 by which a cut was made to jeep bearing No. M.P. 16 D/0308, which collided in between the Motor Cycle of Mata Prasad alongwith his brother Naresh Kumar coming behind was also collided and both persons died during treatment at Chhatarpur. X-ray was reported and police registered crime No. 57/06 and challan was filed in the Court of J.M.F.C. u/s 304-A and 238 of IPC.

It was contended before the Tribunal that deceased Mata Prasad was 25 years of age and he was earning Rs. 2,000/- per month working in Tyre Shop apart from agriculture income. Due to death of Mata Prasad Smt. Anita appellant No. 1 became widow who was 21 years'' age at that time. Darshan aged about 3 year and Anurag aged about one year appellants Nos. 2 and 3 are sons of deceased. Appellant No. 4 Pancham Lal (Father) and Smt. Munni Devi (Mother) are old parents of deceased. Appellants No. 1 to 5 were dependents of deceased Mata Prasad who have become helpless.

Learned Trial Court assessed least/lower side income of deceased Mata Prasad and has applied multiplier ''16'' and meager compensation has been awarded and dependency was 1/4th only. Hence, the appellants preferred this appeal for enhancement of compensation.

As three vehicles collided in the aforesaid accident so compensation should be apportioned on the ground of contributory negligence.

Learned Counsel representing the appellants contends that due to the said accident Mata Prasad had died, who was the sole bread earner of the family. The compensation awarded by the Tribunal is inadequate, because the earning has not been duly assessed and the multiplier has also not been properly applied for, while determining the loss of dependency. In conventional heads i.e., funeral amount as awarded is on lower side and heads of consortium, love and affection, loss estate are ignored hence, it deserves enhancement. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for.

On the other hand learned Counsel representing the respondent/Insurance Company contends that interference by this Court for enhancement of the compensation is not warranted.

After having heard learned Counsel appearing for the parties and on perusal of the pleadings and the evidence so adduced, particularly the evidence of Smt. Anita Sharma, Panchamlal Sharma, Guljarilal Yadav and Prakash Chourasiya, it is very much clear that the accident took place due to rash and negligent driving of driver of Tractor and in the accident three vehicles collided so counter claim is not maintainable. It appears that the determination of the earning has duly been done. The multiplier as applied is on lower side. As per income of deceased Mata Prasad is concerned, as per evidence of claimants together with evidence of Prakash Choursiya, it is very much clear that income of Mata Prasad was Rs. 2,000/- per month and dependency of 1/4th have been taken into consideration which is as per mandate of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, but multiplier ''16'' is not as per this case law. Multiplier ''18'' should be applied in this case instead multiplier ''16''. After applying multiplier ''18'', income will be Rs. 3,24,000/- and Rs. 20,000/- in conventional heads so Rs. 3,44,000/- is the amount which should be given to the appellants. Thus, after hearing and on due deliberations and also on consideration of the totality of the facts and circumstances in the opinion of this Court, the amount of compensation as awarded by the Claims Tribunal is liable to be enhanced by Rs. 74,000/- ( Rs. Seventy four thousand only) in lump sum thereby making the total compensation Rs. 3,44,000/- ( Rs. three lakh and forty four thousand only) which shall be payable alongwith the interest from the date of filing of the claim petition. The distribution of the compensation amount shall be paid to the appellants as per proportion made by learned Tribunal in the award. In view of the forgoing discussions, the appeal succeeds and is hereby allowed in part. The appellants are held entitled to receive the enhanced amount of Rs. 74,000/- in addition to the amount of compensation already awarded by the Claims Tribunal making the total compensation Rs. 2,70,000/- + (sic 74,000/-) (total 3,44,000/-) Rs. three lakh and fourty four thousand only). The enhanced amount shall carry interest @ 6% per annum from the date of filing of claim petition till its realization. The said amount be paid within a period of three months from the date of the award otherwise the interest @ 7.5% shall be leviable. In the facts of the case, parties are directed to bear their own costs.