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Judgment
S.P. Wangdi, Actg. C.J.
This appeal is directed against the judgment dated 31.03.2011, passed by the Learned Motor Accident Claims Tribunal, South and West Sikkim at Namchi, by which compensation of Rs. 4,05,500.00 (Rupees four lakhs five thousand five hundred) only, has been awarded against the Appellant in favour of the Respondent No. 1, with interest @10% per annum effective from 18.05.2010.
It is the case of the Appellant that the learned Motor Accident Claims Tribunal, South and West Sikkim, while passing the impugned judgment has committed error of facts as well as of law pertaining to two of the issues involved in the matter, resulting in the award of the compensation in favour of the claimant/Respondent No. 1.They are:
(i) That the age of the victim has been wrongly assumed as 59 years when there are evidence clearly indicating varying ages provided by different authorities, namely, the post-mortem report, which indicates the age as 69 years, the CT scan report which indicates as 60 years, the emergency patient card as 60 years and the dead body challan as 69 years; and
(ii) That while determining the quantum of compensation, the multiplier 7 has been applied which is alien to the second schedule to the Act.
2.1 For the above reasons, it has been contended that the award passed by the learned Motor Accident Claims Tribunal requires modification.
Heard learned Counsels appearing on behalf of the parties and upon consideration of the rival submissions and on perusal of the judgment and the records available, I find that on Issue No. 3, i.e., as to whether the deceased was 59 years on the date of accident, the learned Claims Tribunal, while accepting the age as 59 years on the basis of the certificate issued by the Malbasey G.P.U, West Sikkim, does not appear to have given reasons as to why the other certificates were rejected. Be that as it may, considering the discrepancy in the age appearing in the different documents and in view of the benevolent nature of the law, the learned Counsels for the parties have most fairly agreed to accept the age of the deceased as 59 years as determined by the Ld. Claims Tribunal, thereby giving a quietus to the issue.
So far as the application of the multiplier is concerned, it is not understood as to how the learned Claims Tribunal has adopted 7 when the schedule does not 4 provide that number. However, in view of the fair concessions made by the learned Counsel for the Appellant that the age of the deceased be taken as 59 years, it will be multiplier 8 that would be applicable.
The learned Claims Tribunal has fixed Rs. 200/- as the daily wage of the deceased, but the basis for arriving at such amount has not been indicated. It is No. doubt true that while determining compensation under the Act, an element of guesswork would certainly come into play considering the multiple imponderables in the lives of men.However, it would be essential to search for some guiding principles to avoid arbitrariness. In the present case, the minimum daily wage of Rs. 130/- prescribed by the State Government may be adopted as a guiding principle for arriving at a fair and just income of the deceased. The modified compensation would now be as follows:
Annual income @ Rs.130.00 per day
= Rs. 130.00 x 30 days
= Rs.3,900 x 12 months
= Rs.46,800.00
ii. Less 1/3rd as expenses on maintenance
(-) Rs.15,600.00
iii.Apply multiplier 8
Rs.31.200.00
x 8
Therefore Loss of earnings
= Rs.2,49,600.00
Rest of the compensation arrived at shall remain unaltered. The total amount of compensation calculated thus would be as follows:
Loss of earnings
= Rs. 2,49,600.00
Transportation
= Rs. 5,000.00
Funeral expenses
= Rs. 2,000.00
Loss of Estate
= Rs. 2,500.00
Expenses on death rites
= Rs. 10,000.00
Loss of love and Affection
= Rs. 50,000.00
Rs. 3,19,100.00
( - ) Rs. 50,000.00
Rs.2,69,100.00
(Rupees two lakhs sixty nine thousand one hundred only)
The interim payment of Rs. 50,000/- u/s 140 of the Act made to the claimant/Respondent shall be deducted from the above amount. The balance amount of Rs. 2,69,100.00 (Rupees two lakhs sixty nine thousand one hundred) only, shall be paid by the Appellant within a period of two weeks with the interest calculated @ 10% per annum from the date of filing the claim on the above until full and final payment.
The appeal stands disposed of in terms of the above.
Records of the learned trial Court be sent back forthwith.