Sudhiya Devi and Others vs Sardarmal and Others

Vijender Singh Malik, J.—This an appeal brought by the claimants for enhancement of compensation awarded by learned Motor Accidents Claims Tribunal, Rewari (for short ''the Tribunal'') vide award dated 15.04.2011 in a sum of Rs. 7,01,200/-. The claim petition had been brought by the parents, widow and children of Rajesh, the deceased. Rajesh met with a fatal accident on 23.05.2010 at about 11.15 PM while he was going towards his village Jhabva after finishing his work on his scooter bearing registration No. HR-35-B-1933. He had been 34 years of age at the time of the accident and was working as a cooking contractor in the canteen of Exide Company and was earning Rs. 6500/- per month. A sum of Rs. 15,00,000/- has been claimed as compensation.

The aforesaid averments of the claimants have been denied by the respondent-insurance company.

Evidence had been led by the claimants to the effect that the deceased was working with the canteen of Jai Enterprises of Exide Company and was getting Rs. 6500/- per month as salary. Despite the salary certificate having been produced on record, learned Tribunal took the income of the deceased at Rs. 4800/- per month. Deducting 1/4th therefrom as the expenses of the deceased on himself and multiplying the remainder with 12, the annual dependency of the claimants was found at Rs. 43,200/-. Multiplying it with 16, the multiplier adopted by the Tribunal, a sum of Rs. 6,91,200/- was found to be the amount lost by the claimants in the death of Rajesh. To it a sum of Rs. 10,000/- was added towards funeral expenses etc., and a sum of Rs. 7,01,200/- has been awarded as compensation.

Learned counsel for the appellants has contended that although there is no justification for the Tribunal to have reduced the income of the deceased below Rs. 6500/- per month, even if that was done, learned Tribunal has erred in not adding any amount to the income of the deceased in the name of future prospects. According to him, as laid down by Hon''ble Supreme Court of India in Rajesh and Others Vs. Rajbir Singh and Others, , the addition of amount to the income of the deceased in the name of future prospects is to be allowed in all cases, be the deceased in permanent job, private job, self employed or working on fixed wages. He has further submitted that the deceased was 34 years of age at the time of his death and as such the future prospects should be added at the rate of 50% of the income. He has further submitted that the Tribunal has erred in not calculating the compensation in this manner.

Learned counsel for respondent no. 3 has submitted, on the other hand, that the claimants are not entitled to addition of any amount to the income of the deceased in the name of future prospects. According to him, even if it is so, then the future prospects should not be added at the rate of more than 30%.

Learned Tribunal has been justified in not taking Rs. 6500/- per month as the salary of the deceased. Except for the salary certificate, which had been prepared for the purpose of production before the Tribunal no record showing payment of salary at the rate of Rs. 6500/- was brought. However, the Tribunal was not justified in not adding something to the income of the deceased in the name of future prospects. Following the law laid down by Hon''ble Supreme Court of India in Rajesh''s case supra, I add a sum of Rs. 2400/- per month to the income of Rs. 4800/-, as assessed by the Tribunal, which would be at the rate of 50% of the income. The monthly income for calculation of compensation, thus, comes to Rs. 7200/-. Deducting 1/4th therefrom towards the expenses of deceased on himself and multiplying the remainder with 12, I find a sum of Rs. 64,800/- as the annual dependency of the claimants. Multiplying it further with 16, I find a sum of Rs. 10,36,800/- as the amount lost by the claimants in the death of Rajesh. Adding to it, a sum of Rs. 10,000/- under the conventional heads, I assess a sum of Rs. 10,46,800/- as compensation payable to the claimants-appellants. Consequently, the appeal succeeds and is allowed enhancing the compensation from Rs. 7,01,200/- to Rs. 10,46,800/- which shall be payable to the claimants with simple interest and in the proportion as settled by the Tribunal in the award.