Smt. Phool Kumar Devi and Others vs V. Surya Rao alias Suryanarayanan and Others

Rajeev Gupta, C.J.—This a claimants appeal for ehancement of the compensation awarded by the Motor Accident Claims Tribunal, Raipur, (for short ''the Tribunal'') vide award dated 26th September, 2001 passed in Claim Case No. 47/1998.

As against the compensation of Rs. 10,50,000/- claimed by the Appellants/claimants, unfortunate widow, minor children and parents of deceased Nathuni Yadav, by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 4th April, 1998, the Tribunal awarded a total sum of Rs. 1,92,000/- as compensation alongwith interest @ 9% 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 Nathuni Yadav died on account of the injuries sustained by him in the motor accident on 4th April, 1998; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck; as the offending vehicle Truck on the date of the accident was insured with the Oriental Insurance Company Limited, 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. 1,500/- per month and Rs. 18,000/- per annum. By deducting 1/3rd of Rs. 18,000/- towards the personal expenses of the deceased, the claimants dependency was assessed at Rs. 12,000/- per annum. By multiplying the annual dependency of Rs. 12,000/- with the multiplier of 16, the compensation was worked out to Rs. 1,92,000/-. The Tribunal thus, awarded a sum of Rs. 1,92,000/- as compensation to the claimants for the death of deceased Nathuni Yadav in the Motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,92,000/- @ 9% per annum from the date of the filing of the claim petition till the date of actual payment.

Shri C.C. Verma, learned Counsel for the Appellants submitted that the Tribunal has erred in not accepting the claimants evidence about the income of the deceased and in assessing his income at Rs. 1,500/- per month and Rs. 18,000/- per annum only; in selecting the lower multiplier of 16; in not awarding any sum under other permissible heads; and in awarding low compensation of Rs. 1,92,000/- only.

Shri A.K. Athaley, learned Counsel for Respondent No. 3. The Oriental Insurance Company Limited, on the other hand suspported the award and contended that the Tribunal has been quite liberal in awarding substantial amount of Rs. 1,92,000/- as compensation to the claimants.

True, the claimants pleaded that deceased Nathuni Yadav used to earn Rs. 2,500/- per month by running a canteen in Urla Industrial area, the evidence led in that behalf was not of clinching nature. No documentary evidence was produced before the Tribunal to establish that the deceased was running any canteen at all. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants evidence about the income of the deceased.

Nevertheless, the income of the deceased assessed by the Tribunal at Rs. 1,500/- per month and Rs. 18,000/- per annum is certainly on the owner side and requires reconsideration.

Taking into consideration the age of the deceased and other relevant factors, we are of the opinion that the income of the deceased ought to have been assessed at Rs. 21,000/- per annum. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs. 21,000/- per annum.

By deducting the usual 1/3rd of Rs. 21,000/- towards the personal expenses of the deceased, the claimants dependency is assessed at Rs. 14,000/- per annum.

As deceased Nathuni Yadav, on the date of the accident, was aged about 28 years, appropriate multiplier would be 17 in view of the recent dictum of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, wherein multiplier of 17 was prescribed for the age group between 26-30 years.

By multiplying the annual dependency of Rs. 14,000/- with the multiplier of 17, the compensation works out to Rs. 2,38,000/-. The claimants are further entitled to receive Rs. 10,000/- towards funeral expenses; loss of consortium to the widow and loss of estate. The claimants, thus, become entitled to receive a total sum of Rs. 2,48,000/- as compensation for the death of deceased Nathuni Yadav in the motor accident.

Learned Counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself.

Considering all the relevant factors including the delay in disposal of the claim petition and the present appeal, and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs. 56,000/- at Rs. 5,000/-.

For the foregoing reasons, the appeal filed by the Appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 1,92,000/- awarded by the Tribunal is enhanced to Rs. 2,48,000/- with further quantified amount of interest of Rs. 5,000/- on the enhanced amount of compensation of Rs. 56,000/-.

Respondent No. 3 The Oriental Insurance Company Limited is granted three month''s time for depositing the total sum of Rs. 61,000/- (Rs. 56,000/- towards enhanced amount of compensation + Rs. 5,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 56,000/-) before the concerning Claims Tribunal. No order as to costs.