Suhawan Bai and Another vs Rashmi Kaur Domeer and Others

Rajeev Gupta, C.J.—This is claimants'' appeal for enhancement of the compensation awarded by the 9th Additional Motor Accident Claims Tribunal, Bilaspur (for short ''the Tribunal'') vide award dated 28-9-2010, passed in Claim Case No. 76/2010. As against the compensation of Rs. 25,75,000/- claimed by the appellants/ claimants, unfortunate widow and major son of deceased Krishnalal Patel, by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 6-7-2008, the Tribunal awarded a total sum of Rs. 2,77,000/- as compensation along with interest @ 6% 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 Krishnalal Patel died on account of the injuries sustained by him in the motor accident on 6-7-2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck bearing registration No. CG-10/C-0317; as the above offending vehicle truck on the date of the accident was insured with the Bajaj Allianz General Insurance Company Limited and the Insurance Company could not establish any breach of the policy 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. 100/- per day; Rs. 2,500/- per month assuming that the deceased was getting work only for 25 days in a month; and Rs. 30,000/- per annum. By deducting 1/3rd of Rs. 30,000/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 20,000/- per annum. By multiplying the annual dependency of Rs. 20,000/- with the multiplier of 13, the compensation was worked out to Rs. 2,60,000/-. By awarding further sum of Rs. 17,000/- under other heads, the Tribunal awarded a total sum of Rs. 2,77,000/- as compensation to the claimants for the death of deceased Krishnalal Patel in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 2,77,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

Shri Ashok Dubey, learned Counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs. 100/- per day but while assessing his monthly income it has erred in assuming that the deceased was getting work only for 25 years in a month; in selecting the lower multiplier of 13; and in awarding low compensation of Rs. 2,77,000/- only.

Shri S.S. Rajput and Ms. Renu Singh, learned Counsel for respondent No. 3, the Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle truck, on the other hand, supported the award and contended that the compensation of Rs. 2,77,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

On due consideration of the submissions of learned Counsel for the parties and the evidence led by the claimants about the income of the deceased, we are satisfied that the Tribunal has rightly assessed the daily income of the deceased at Rs. 100/-. Nevertheless the Tribunal, in our opinion, has erred in assuming that the deceased was getting work only for 25 days in a month and in assessing his monthly income at Rs. 2,500/- per month. In our opinion, the Tribunal ought to have assessed the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum.

By deducting the usual 1/3rd of Rs. 36,000/- towards the personal expenses of the deceased, the claimants'' dependency is assessed at Rs. 24,000/- per annum.

Considering the deceased Krishnalal Patel on the date of the accident was aged about 45 years, we are of the opinion that multiplier of 14 would be appropriate in the present case in view of the dictum of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, wherein multiplier of 14 has been prescribed for the age group between 41-45 years.

By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 14 the compensation works out to Rs. 3,36,000/-. The claimants are further entitled to receive Rs. 5,000/- towards funeral expenses; Rs. 5,000/- for loss of estate and Rs. 5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs. 3,51,000/- as compensation for the death of deceased Krishnalal Patel in the motor accident.

Learned Counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal 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 aspects of the matter, we quantify the amount of interest on the enhanced amount of Compensation of Rs. 74,000/- at Rs. 7,000/-.

For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 2,77,000/- awarded by the Tribunal is enhanced to Rs. 3,51,000/- with further quantified amount of interest of Rs. 7,000/- on the enhanced amount of compensation of Rs. 74,000/-.

Respondent No. 3 the Bajaj Allianz General Insurance Company Limited is granted three months'' time for depositing the total sum of Rs. 81,000/- (Rs. 74,000/- towards enhanced amount of compensation + Rs. 7,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 74,000/-) before the concerning Claims Tribunal. No order as to costs.