Smt. Harpreet Kaur and Others vs Rajvinder Singh and Others

Rajeev Gupta, C.J.—This is claimants'' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Rajnandgaon (for short ''the Tribunal'') vide award dated 05.12.2008, passed in Claim Case No. 63/2007. As against the compensation of Rs. 31,25,000/- claimed by the appellants/claimants, unfortunate widow and minor son of deceased Harjeet Singh, by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 28.04.2006, the Tribunal awarded a total sum of Rs. 3,28,000/- as compensation along with interest@ 7% per annum from the date of filing of the claim petition till the date of actual payment.

The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Harjeet Singh died on account of the injuries sustained by him in the motor accident on 28.04.2006; the accident occurred due to the negligence of the deceased himself who was driving Mahindra-Scorpio bearing registration No. C.G. 07/5324. and that of the driver of the other vehicle Truck bearing registration No. CG-04-G/ 7789; the negligence of deceased and the Truck driver was to the extent of 50% each; as the above Truck, on the date of the accident, was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay 50% of the compensation assessed to the claimants.

The Tribunal assessed the income of the deceased at Rs. 1,00,000/- per annum. By deducting 50% of Rs. 1,00,000/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 50,000/- per annum. By multiplying the annual dependency of Rs. 50,000/- with the multiplier of 13, the compensation was worked out to Rs. 6,50,000/-. By awarding further sum of Rs. 6,000/- under other heads, the Tribunal assessed the total compensation at Rs. 6,56,000/-. As deceased Harjeet Singh himself was found responsible for the accident to the extent of 50%, the Tribunal directed the insurer of the Truck to pay Rs. 3,28,000/- i.e. 50% of Rs. 6,56,000/- as compensation to the claimants for the death of deceased Harjeet Singh in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 3,28,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment.

Shri P.R. Patankar and Shri Kunal Das, learned counsel for the appellants submitted that the Tribunal has erred in deducting 50% of the income of the deceased towards his personal expenses in selecting the lower multiplier of 13; and in awarding low compensation of Rs. 3,28,000/- only.

Shri Deepak Gupta, learned counsel for respondent No. 2, the New India Insurance Company Limited, the insurer of the Truck, on the other hand, supported the award and contended that the compensation of Rs. 3,28,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

So far the finding recorded by the Tribunal holding that deceased Harjeet Singh himself also contributed to the accident to the extent of 50% is concerned, we gather from the evidence available in the Tribunal''s records and the position of the two vehicles shown in the spot-map (Ex. P/3) that the Truck at the time of the accident was moving on its left side and the Scorpio which was being driven by deceased Harjeet Singh himself came on the wrong side and the unfortunate accident occurred. In this factual scenario, we do not find any infirmity in the finding recorded by the Tribunal holding that deceased Harjeet Singh himself also contributed to the accident to the extent of 50%.

The assessment of the income of the deceased by the Tribunal at Rs. 1,00,000/- per annum, in our opinion, also does not suffer from any infirmity whatsoever as the same is based on the income of the deceased shown in his income tax returns produced before the Tribunal.

The Tribunal, in our opinion, has certainly erred in deducting 50% of the income of the deceased towards his personal expenses. In our opinion, the Tribunal ought to have deducted about 1/3rd of the income of the deceased in that behalf. We, therefore, assess the claimants'' dependency at Rs. 65,000/- per annum by deducting Rs. 35,000/- (about 1/3rd) towards the personal expenses of the deceased.

The multiplier of 13 selected by the Tribunal is also on the lower side as deceased Harjeet Singh was aged about 32 years on the date of the accident. The dictum of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, prescribes the multiplier of 16 for the age group between 31-35 years. In our opinion, multiplier of 16 would be appropriate in the present case.

By multiplying the annual dependency of Rs. 65,000/- with the multiplier of 16 the compensation worlds out to Rs. 10,40,000/-. As deceased Harjeet Singh has been held responsible for the accident to the extent of 50%, the claimants are entitled to receive 50% of Rs. 10,40,000/- i.e. Rs. 5,20,000/- towards loss of dependency. By adding further sum of Rs. 5,000/- towards funeral expenses; Rs. 5,000/- for loss of estate; and Rs. 5,000/- for loss of consortium to the widow, the claimants become entitled to receive a total sum of Rs. 5,35,000/- as compensation for the death of deceased Harjeet Singh in the motor accident.

The enhanced amount of compensation of Rs. 2,07,000/- shall carry interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. While maintaining the finding about the contributory negligence holding the deceased himself responsible for the accident to the extent of 50% the amount of compensation of Rs. 3,28,000/- awarded by the Tribunal is enhanced to Rs. 5,35,000/-. The enhanced amount of compensation of Rs. 2,07,000/- shall carry interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

Respondent No. 2 the New India Insurance Company Limited is granted three months'' time for depositing the enhanced amount of Rs. 2,07,000/- (Rupees two lakhs thousand only) along with interest due thereon@ 6% per annum from the date of filing of the claim petition till the date of actual payment, before the concerning Claims Tribunal. No order as to costs.