Smt. Laxmi Devi and Others vs Shri Brij Raj and Others

Mansoor Ahmad Mir, C. J. (Oral) - This appeal is directed against the award dated 12th March, 2009, made by the Motor Accident Claims Tribunal-II, Sirmaur, District at Nahan, H.P., (hereinafter referred to as �the Tribunal�) in M.A.C. Petition No. 39-N/2 of 2007, titled Smt. Laxmi Devi and others v. Shri Brij Raj and others, whereby compensation to the tune of Rs. 1,96,500/- with interest @ 7.5% per annum from the date of filing of the claim petition, came to be awarded in favour of the claimants-appellants herein and the insurer-the Oriental Insurance Company-respondent No. 3 herein, was saddled with the liability, (hereinafter referred to as �the impugned award�).

The owner, driver and insurer have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.

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

The only question to be determined in this appeal is�whether the amount awarded is adequate or inadequate?

On the face of the record, it appears that the amount awarded is inadequate for the following reasons.

The claimants have specifically pleaded in para-6 of the claim petition that the monthly income of the deceased was Rs. 3,000/- per month, at the relevant time. Admittedly, he was bachelor and his age was 22 years at the time of accident.

The Tribunal has fallen in an error in deducting ⅓rd towards the personal expenses of the deceased and in coming to the conclusion that the claimants have lost source of dependency to the tune of Rs. 1,000/- per month. 50% was to be deducted towards his personal expenses, in view the ratio laid down by the Apex Court in Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another, reported in AIR 2009 SC 3104, upheld by a larger Bench of the Apex Court in a case titled as Reshma Kumari and others v. Madan Mohan and another, reported in 2013 AIR (SCW) 3120 read with the judgment rendered by the Apex Court in case titled as Munna Lal Jain and another v. Vipin Kumar Sharma and others, 2015 AIR SCW 3105.

Accordingly, it is held that the claimants being mother and brothers of the deceased, have lost source of dependency to the tune of Rs. 1500/- per month.

The Tribunal has rightly applied the multiplier of Act read with the ratio laid down by the Apex Court in Sarla Verma�s, Reshma Kumari�s and Munna Lal Jain�s, cases, supra.

Thus, the claimants are held entitled to the amount of Rs. 1500/- x 12 = 18,000/- x 16 = Rs. 2,88,000/- under the head �loss of dependency�.

The Tribunal has fallen in an error in awarding Rs. 2,000/- under the head �funeral expenses� and Rs. 2500/- under the head �loss of estate�. The claimants are held entitled to the tune of Rs. 10,000/- each, under the heads �loss of love and affection�, �loss of estate� and �funeral expenses�.

Viewed thus, the claimants are held entitled to total compensation to the tune of Rs. 2,88,000/- + Rs. 30,000/- = Rs. 3,18,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition.

The amount of compensation is enhanced and the impugned award is modified, as indicated above. The appeal is accordingly disposed of.

The insurer is directed to deposit the enhanced amount along with interest, within a period of six weeks from today before the Registry. On deposit, the Registry is directed to release the entire amount in favour of the claimants, strictly in terms of conditions contained in the impugned award, through payees account cheque or by depositing in their accounts.

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