Smt. Gulabkali and Others vs Registered Owner Hansraj Bhai Patel and Others

Rajeev Gupta, C.J.

This is claimant''s appeal filed u/s 173 of the Motor Vehicles Act, 1988 (for short "the Act") for enhancement of the compensation awarded by the 2nd Additional Motor Accident Claims Tribunal, Ambikapur (for short ''the Tribunal'') vide award dated 07.05.1999 passed in Motor Accident Claim Case No. 43/93.

The claimants, unfortunate widow and minor children of deceased Mohanlal Patel claimed compensation of Rs. 13,10,000/- by filing a claim petition u/s 166 of the Act for his death in the motor accident on 24.08.1990, when his motorcycle was dashed by the offending vehicle truck bearing registration number MBL-7172 resulting in his instantaneous death on the spot itself. The claimants further pleaded that deceased Mohanlal Patel used to earn Rs. 2,000/- per month from South Eastern Coalfields Limited (for short ''SECL'') and also used to get Rs. 1,000/- per month on account of over time.

The owner, driver and insurer of the offending vehicle truck did not contest the claim and were proceeded ex-parte before the Tribunal. The insurer of the truck denied its liability to pay compensation to the claimants on the plea that the driver of the truck was not holding a valid driving licence and the truck was being plied in breach of the policy conditions.

The claimants examined AW-1 Gulabkali, AW-2 Surendra Lal Jaiswal and AW-3 Ashok Kumar Agarwal in support of their claim, whereas, the insurer of the offending vehicle did not examine any witness in rebuttal.

The Tribunal on a close scrutiny of the evidence led before it held that deceased Mohanlal Patel died on account of the injuries sustained by him in the motor accident on 24.08.1990; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle truck; and as the offending vehicle truck was insured on the date of the accident with Respondent No. 3. National Insurance Company Limited the Insurance company was liable to pay compensation to the claimants.

The Tribunal taking into consideration the fact that Gulabkali, widow of deceased Mohanlal Patel was given a compassionate appointment by the employer of deceased Mohanlal Patel, awarded a lump-sum compensation of Rs. 50,000/- to the claimants. By adding a further sum of Rs. 10,000/- under other permissible heads, a total sum of Rs. 60,000/- was awarded as compensation to the claimants with interest @ 12% per annum from the date of filing of the claim petition till the date of actual payment.

Shri V.K. Pandey learned Counsel for the Appellants submitted that the Tribunal has erred in not computing the compensation payable to the claimants by assessing the income of the deceased and the claimants dependency and by multiplying the dependency with the appropriate multiplier and in awarding a lump-sum compensation of Rs. 60,000/- only on the ground that the widow of deceased Mohanlal Patel was given compassionate appointment by the employer of the deceased.

Shri P. Diwakar, learned senior counsel for Respondent No. 3 Insurance Company on the other hand supported the award and submitted that the compensation of Rs. 60,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

Shri H.B. Agarwal, learned Senior Counsel for Respondent No. 1, owner of the offending vehicle-truck also supported the award.

The findings recorded by the Tribunal that deceased Mohanlal Patel died on account of injuries sustained by him in the motor accident on 24.08.1990; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle truck; and the insurer of the offending vehicle truck was liable to pay compensation to the claimants have now attained finality as the Respondents have not filed any appeal against the award. That apart there is overwhelming evidence available on record to establish the above facts beyond any shadow of doubt. We, therefore, affirm the findings recorded by the Tribunal in that behalf.

The unusual method adopted by the Tribunal for assessment of the compensation payable to the claimants, in our opinion, cannot be sustained. We, therefore, propose to re-compute the compensation afresh.

The claimants pleaded in their claim petition that deceased Mohanlal Patel used to get Rs. 2,000/- per month as salary from SECL and was also earning a further amount of Rs. 1,000/- as over time. Unfortunately, the claimants did not produce any salary certificate issued by the employer to that effect. Nevertheless, deceased Mohanlal Patel, who was 32 years of age, even working as an unskilled labourer, could have very well earned Rs. 50/-per day and Rs. 1,500/- per month. We, therefore, assess the income of the deceased at Rs. 1,500/- per month and Rs. 18,000/- per annum.

By deducting 1/3rd of Rs. 18,000/- towards personal expenses of deceased Mohanlal Patel, the claimants dependency is assessed at Rs. 12,000/-per annum.

Considering that deceased Mohanlal Patel was 32 years of age on the date of accident and his widow Gulabkali was shown 27 years of age in the claim petition and their three minor children were aged about 7,5 & 3 years, we are of the opinion that multiplier of 15 would be appropriate in the present case.

By multiplying the annual dependency of Rs. 12,000/- with the multiplier of 15, the compensation works out to Rs. 1,80,000/-. By adding a sum of Rs. 10,000/- awarded by the Tribunal under other permissible heads, the claimants becomes entitled to receive a total sum of Rs. 1,90,000/- as compensation for the death of deceased Mohanlal Patel in the motor accident on 24.08.1990.

Considering all the relevant factors including the delay in disposal of the matter and the fact that the Insurance Company alone is not to be blamed for the delay in the matter, we deem it proper to quantify the amount of interest on the enhanced amount of compensation of Rs. 30,000/-.

For the foregoing reasons, the appeal filed by the claimants u/s 173 of the Act for enhancement of the compensation is allowed in part. The compensation of Rs. 60,000/- awarded by the Tribunal is enhanced to Rs. 1,90,000/- with further quantified amount of interest of Rs. 30,000/-.

Respondent No. 3 National Insurance Company Limited is directed to deposit the enhanced amount of compensation of Rs. 1,30,000/- and the quantified amount of interest of Rs. 30,000/- within a period of three months from today before the concerning Claims Tribunal.

No order as to costs.