Suman vs U.P. Roadways

Kuldip Singh. J.—Vinod Kumar son of Sunder Lal, aged about 28 years while going on his motor cycle bearing registration No. HR-02D-1685 was hit by a bus bearing registration No. UP-15C-5269 being driven by Surinder son of Om Parkash in rash and negligent manner. As a result of the accident, Vinod Kumar died. Suman Claimant No. 1 being the widow, Paras and Nikhil Sharma claimant Nos. 2 and 3 being the sons of deceased and Smt. Urmila claimant No. 4 being the mother of deceased filed a claim petition u/s 166 of the Motor Vehicle Act.

The Tribunal assessed the income of the deceased @ Rs. 2,000/- per month as an ordinary labourer and after deducting of Rs. 800/- for personal expenses, assessed the dependency of the family @ Rs. 1,200/- per month. The multiplier of 14 was applied and the compensation was assessed at Rs. 2,01,600/- (i.e. Rs. 1200x12x14). A sum of Rs. 400/- for funeral expenses was also allowed. The total compensation of Rs. 2,02,000/- was granted to the claimants with interest @ 12% per annum from the date of filing of the claim petition till its realization.

The claimants are not satisfied with the Award and have come up in the present appeal.

I have heard learned counsel for the parties and have also carefully gone through the file.

Before this Court, there is nothing on file to show that the income of the deceased was improperly assessed. There is no proof of the income of the deceased. Therefore, the income of the deceased was correctly assessed by the Tribunal @ Rs. 2,000/- per month as an ordinary labourer. The Tribunal had not added future prospects. In view of the age of the deceased i.e. 28 years, 50% of the income i.e. Rs. 1,000/- are to be added as future prospects. Total income comes to Rs. 3,000/-. After deducting 1/3rd i.e. Rs. 1,000/- as personal expenses, the dependency of the claimants comes to Rs. 2,000/- per month. As the age of the deceased was 28 years, the multiplier of 17 is to be applied, as per Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, The total amount of compensation on account of loss of income come to Rs. 4,08,000/- ( Rs. 2,000x12x17).

I am of the view that the Tribunal grossly erred in granting a paltry sum of Rs. 400/- for funeral expenses. Compensation for funeral expenses is enhanced to Rs. 25,000/-. A sum of Rs. 1,00,000/- on account of loss of consortium is allowed. Rs. 1,00,000/- is granted for loss of love and affection to the children. The total amount of compensation comes to Rs. 6,33,000/-. The compensation is accordingly enhanced. The enhanced compensation will be paid with interest @ 7.5% per annum from the date of filing of the claim petition till its realization. In the partial modification of the Award passed by the Tribunal, it is ordered that out of the total amount of compensation, Rs. 75,000/- shall go to the mother of the deceased. Out of the remaining amount, 50% shall go to the widow of the deceased and remaining 50% shall be equally shared between two children of the deceased. The amount shall be deposited by the respondents before the Tribunal. If appellant-claimant Nos. 2 and 3 have become major, the share of all the appellants-claimants shall be transferred in their respective bank accounts, furnished before the Tribunal. However, in case, appellant-claimant Nos. 2 and 3 are still minor, the amount shall be deposited in fixed deposits after recording their date of birth for the period till they become major. On attaining the age of majority, appellant-claimant Nos. 2 and 3 shall be entitled to withdraw the amount.

The appeal is accordingly allowed.