Triveni Bai and Others vs Unishwar and Others

Rajeev Gupta, C.J.

This is claimants'' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claim Tribunal, Mungeli, Distt. Bilaspur (for short, "the Tribunal"), vide award dated 27.02.2003 passed in Claim Case No. 29/2002.

As against the compensation of Rs. 22,80,000/-, claimed by the appellants/claimants, unfortunate widow, mother and minor daughters of deceased Minu @ Menu by filing a claim petition u/s 166 of the Motor Vehicles Act for his death in the motor accident on 20.06.2002, the Tribunal awarded a total sum of Rs.3,13,000/- as compensation along with interest @ 9% per annum from the date of the filing of the claim petition, till the date of actual payment.

The Tribunal on a close scrutiny of the evidence led before it held that deceased Minu @ Menu died on account of the injuries sustained by him in the motor accident on 20.06.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck bearing registration No. CG 4- ZC-1020, as the offending vehicle truck on the date of the accident was insured with the New India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.

The Tribunal assessed the income of the deceased at Rs.2,250/- per month and Rs. 27,000/- per annum. By deducting l/3rd of Rs. 27,000/- towards the personal expenses of the deceased the claimants'' dependency was assessed at Rs. 18,000/- per annum. By multiplying the annual dependency of Rs. 18,000/- with the multiplier of 17, the compensation was worked out to Rs.3,06,000/-. By awarding further sum of Rs. 2,000/- towards funeral expenses and Rs.5,000/- for loss of consortium to the widow, the Tribunal awarded a total sum of Rs. 3,13,000/- as compensation to the claimants for the death of deceased Minu @ Menu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,13,000/- @ 9% per annum from the date of filing of the claim petition, till the date of actual payment.

Shri Goutam Khetrapal and Shri Rakesh Sahu, learned counsel for the appellants submitted the Tribunal has erred in not accepting the claimants'' evidence about the income of the deceased, and in awarding low compensation of Rs. 3,13,000/-only.

Shri Deepak Gupta, learned counsel for respondent No.3 New India Insurance Company Limited on the other hand supported the award and contended that the compensation of Rs.3,13,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. That apart, these findings are not under challenge before us in this appeal. We, therefore, affirm the above findings recorded by the Tribunal.

In a motor accident claim case, what is important is that the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a bonanza.

Now, we shall examine as to whether the compensation of Rs. 3,13,000/ - awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

True the claimants pleaded that deceased Minu @ Menu used to earn rupees 5-6 thousand per month as truck driver, in addition to sum of Rs.50/- per day as daily allowance, but the evidence led in that behalf was not of clinching nature. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants'' evidence about the income of the deceased.

Nevertheless, the income of the deceased assessed by the Tribunal at Rs.2,2507- per month and Rs. 27,000/- per annum is certainly on the lower side and requires re-consideration. In our considered opinion, the income of the deceased ought to have been assessed at Rs. 2,500/- per month and Rs. 30,000/- per annum.

We, therefore propose to re-compute the compensation taking the income of the deceased at Rs.2,500/- per month and Rs.30,000/- per annum,

By deducting the usual l/3rd of Rs.30,000/- towards personal expenses of the deceased, the claimants'' dependency is assessed at Rs.20,000/- per annum.

The multiplier of 17 selected by the Tribunal considering that deceased Minu @ Menu was aged about 35 years and his widow Triveni Bai is shown to be 30 years of age in the claim petition, in our opinion, is appropriate.

By multiplying the annual dependency of Rs.20,000/- with the multiplier of 17, the compensation works out to Rs.3,40,000/-. 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.3,55,000/- as compensation of the death of deceased Minu @ Menu in the motor accident.

Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties 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 factors including the delay in disposal of the claim petition and the present appeal, and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs. 42,000/-at Rs, 3,000/-.

For the foregoing reasons, the appeal filed by the claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 3,13,000/- awarded by the Tribunal is enhanced to Rs.3,55,000/- with further quantified amount of interest of Rs.3,000/- on the enhanced amount of compensation of Rs.4200/-.

Respondent No.3 The New India Insurance Company Limited is granted three months'' time for depositing the total sum of Rs.45,000/-(Rs.42,000/- towards enhanced amount of compensation + Rs.3,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.42,000/-) before the concerning Claims Tribunal.

No order as to costs.