Smt. Munni Bai and Others vs Kapil Dev Yadav and Others

Rajeev Gupta, C.J.

This is claimant''s appeal for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Raipur (for short the Tribunal) vide award dated 2nd August, 2000, passed in Claim Case No. 11/1999.

As against the compensation of Rs. 5,70,000/- claimed by the Appellants/claimants, unfortunate widow, minor children and mother of deceased Milan Sahu, by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 23rd July, 1998, the Tribunal awarded a total sum of Rs. 3,67,000/- as compensation along with interest @ 12% per annum from the date of filing of the claim petition till the date of actual payment.

The Tribunal on a closed scrutiny of the entire evidence led before it held that deceased Milan Sahu died on account of the injuries sustained by him in the motor accident on 23rd July, 1998; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck bearing registration No. W.B.-41/5464; as the above offending vehicle truck on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the police conditions, the Insurance company was liable to pay compensation to the claimants.

As the Respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.

The Tribunal assessed the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum. By deducting 1/3rd of Rs. 36,000/-towards the personal expenses of the deceased, the claimants dependency was assessed at Rs. 24,000/- per annum. By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 15, the compensation was worked out to Rs. 3,60,000/-. By awarding further sum of Rs. 7,000/-under other heads, the Tribunal awarded a total sum of Rs. 3,67,000/- as compensation to the claimants for the death of deceased Milan Sahu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 3,67,000/- @ 12% per annum from the date of filing of the claim petition till the date of actual payment.

Smt. Renu Kochar, learned Counsel for the Appellants submitted that the Tribunal has erred in selecting the lower multiplier of 15; and in awarding low compensation of Rs. 3,67,000/- only.

Shri A.K. Athaley, learned Counsel for Respondent No. 3 the Oriental Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs. 3,67,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

The Appellants/claimants cannot have any legitimate grievance about the assessment income of the deceased by the Tribunal at Rs. 3,000/- per month, as the evidence led by them before the Tribunal about the income of the deceased established his income to that extent only.

The claimants dependency also has been rightly assessed by the Tribunal at Rs. 24,000/- per annum by deducting the usual 1/3rd of the income of the deceased towards his personal expenses.

The multiplier of 15 selected by the Tribunal is certainly on the lower side as the deceased on the date of the accident was aged about 25 years. In our opinion, multiplier of 17 would be appropriate in the present case.

By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 17, the compensation works out to Rs. 4,08,000/-. By adding further sum of Rs. 7,000/- awarded by the Tribunal under other heads, the claimants become entitled to receive a total sum of Rs. 4,15,000/- as compensation for the death of deceased Milan Sahu in the motor accident.

A further sum of Rs. 3,000/- is awarded to the claimants towards quantified amount of interest on the enhanced amount of compensation of Rs. 48,000/-.

For the foregoing reason, the appeal filed by the Appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 3,67,000/- awarded by the Tribunal is enhanced to Rs. 4,15,000/- with further quantified amount of interest of Rs. 3,000/- on the enhanced amount of compensation of Rs. 48,000/-.

Respondent No. 3 the Oriental Insurance Company Limited is granted three months time for depositing the total sum of Rs. 51,000/- ( Rs. 48,000/- towards enhanced amount of compensations + Rs. 3,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 48,000/-) before the concerning Claims Tribunal.

No order as to costs.