Tara Devi and Others vs Kuldeep Singh and Others

R.P. Nagrath, J.—Instant appeal has been filed for enhancement of compensation awarded by the Tribunal vide award dated 23.03.2002, for cutting short the life of Suresh Kumar in a road accident taking place on 21.09.2000. The Tribunal awarded Rs. 1,92,000/- towards loss of dependency. Learned Tribunal has determined income of the deceased as Rs. 1500/- per month and deducted 1/3rd of the amount towards personal expenditure on the deceased himself but there being five claimants, dependency taken should have been 1/4th as held by Hon''ble Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .

The deceased was 36 years old but the Tribunal has applied multiplier of 16, which should have been 15 as per principle laid down by Hon''ble Supreme Court in Sarla Verma''s case (supra).

The only contention of learned counsel for the appellants is that some addition should have been made towards future prospects but learned counsel for respondent No. 3-Insurance Company submits that the matter with regard to addition of future prospects has been referred to larger Bench of Hon''ble Supreme Court vide order dated 02.07.2014 passed in SLP (Civil) No. 8058 of 2014, (National Insurance Co. Ltd. v. Pushpa and others) in respect of the victim who was not in a regular job of the Government Department.

After hearing learned counsel for the appellants and learned counsel for respondent No. 3-Insurance Company, I find that as of now the law as it stands some addition has to be made towards future prospects because even the State Governments are increasing the minimum wages mostly on year to year basis according to the price index. Therefore, some via media has to be adopted to determine the amount of compensation. Keeping in view the age of deceased as 36 years, 20% is added towards the future prospects. So the monthly income for determining the compensation would be Rs. 1800/- per month.

1/4th is to be deducted towards the personal expenses of the deceased. Loss of dependency thus comes to Rs. 2,43,000/- [1800 - (1800/4) x 12 x 15]. The Tribunal also awarded an amount of Rs. 2000/- towards funeral expenses, Rs. 2500/- towards loss of estate and Rs. 5000/- towards loss of consortium. This was a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 and the amount awarded under these heads in terms of Section 163-A of the Motor Vehicles Act, 1988, was not appropriate.

The Tribunal has not even awarded amount towards loss of love and affection and amount towards loss of consortium also deserves to be enhanced. However, the amount as awarded by the Tribunal towards funeral expenses, is considered appropriate, keeping in view the period of the accident.

An amount of Rs. 1 lac is awarded towards loss of love and affection and the amount towards loss of consortium is enhanced from Rs. 5000/- to Rs. 1 lac. The amount under these two heads be paid within two months from the date of receipt of certified copy of this order. The balance amount i.e. Rs. 51000/- (2,43,000-1,92,000) would carry interest @ 7.5% per annum from the date of filing of the claim petition before the Tribunal till its realization. The amount as enhanced towards consortium would go to appellant-claimant No. 1-Tara Devi widow of Suresh Kumar (deceased) and amount of Rs. 1 lac towards loss of love and affection shall be disbursed among all appellants No. 2 to 4 in equal shares. If the aforesaid amount towards loss of love and affection and balance amount of Rs. 95,000/- towards loss of consortium is not paid within two months from the date of receipt of certified copy of this order, the interest @ 7.5% per annum would start running on these amounts also after expiry of two months.

The appeal is allowed to the above extent.