Smt. Indara Devi vs Rakesh Kaushal

Mansoor Ahmad Mir, C.J. (Oral) - Subject matter of this appeal is the judgment and award, dated 5th November, 2009, made by the Motor Accident Claims Tribunal, Una, Himachal Pradesh (for short "the Tribunal") in M.A.C. Petition No. 27 of 2008, titled as Smt. Indira Devi v. Sh. Rakesh Kaushal, whereby compensation to the tune of Rs. 6,72,000/- with interest @ 9% per annum from the date of the impugned award till its realisation and costs assessed at Rs. 3,000/- came to be awarded in favour of the claimants and the insurer came to be saddled with liability (for short "the impugned award").

The insured/owner-cum-driver and the insurer of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

The appellants-claimants have questioned the impugned award on the ground of adequacy of compensation.

Thus, the only questioned to be determined in this appeal is � whether the amount awarded is adequate or otherwise?

I have gone through the impugned award read with the record and am of the considered view that the amount awarded by the Tribunal is inadequate for the following reasons:

The claimants have pleaded in the claim petition that the age of the deceased was 30 years, but the postmortem report does disclose that the deceased was 41 years at the time of the accident. The Tribunal has taken all factors into consideration and rightly held that the deceased was 45 years of age at the time of the accident, but, has fallen in an error in applying the multiplier of ''8'' as multiplier of ''12'' was just and appropriate in view of the Second Schedule appended with the Motor Vehicles Act, 1988, (for short "MV Act") read with the ratio laid down by the Apex Court in the case titled as Sarla Verma (Smt) v. Delhi Transport Corporation, (2009) 6 SCC 121, which was upheld by a larger Bench of the Apex Court in Reshma Kumari & Ors. v. Madan Mohan & Anr., 2013 AIR SCW 3120.

The deceased was a whole time Class IV employee of Bhakra Beas Management Board and his net salary was 14,028/- per month in terms of the salary certificate, Ext. PW2/- A. The claimants were four in number, thus, one fourth was to be deducted towards personal expenses of the deceased. After deducting one fourth, the claimants have lost source of dependency to the tune of Rs. 10,500/- per month.

Viewed thus, the claimants have suffered loss of income/dependency to the tune of Rs. 10,500 x 12 x 12 = Rs. 15,12,000/-. The claimants are also entitled to compensation to the tune of Rs. 10,000/- each under the heads ''loss of consortium'', loss of estate'', ''loss of love and affection'' and ''funeral expenses''.

At this stage, Mr. Jagdish Thakur, learned counsel for the insurer, stated at the Bar that he has sought approval for settling the claim for Rs. 14,50,000/- in lumpsum. His statement is taken on record.

In view of the above, I am of the considered view that the offer made is just and reasonable and the claimants are held entitled to compensation to the tune of Rs. 14,50,000/-.

The impugned award is modified, as indicated herein above and the appeal is disposed of.

The insurer is directed to deposit the amount before the Registry within twelve weeks. In default, the claimants shall be entitled to interest @ 7.5% per annum from the date of the impugned award. On deposition, the amount be released in favour of the claimants strictly as per the terms and conditions contained in the impugned award through payee''s account cheque or by depositing the same in their respective bank accounts.

Send down the record after placing copy of the judgment on Tribunal''s file.