AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is directed against the judgment and award
dated 11.11.2010 passed by the Motor Accident Claims Tribunal,
Bali, District Pali (''the Tribunal''), whereby the Tribunal has
awarded a sum of Rs.2,95,000/- as compensation for death of one
Ibrahim.
The application for compensation was filed by the claimants
- Jenaf Ben and Sufiya, wife and daughter of the deceased
Ibrahim inter-alia with the averments that on 28.10.2006
deceased Ibrahim was travelling in Tempo No.RJ-24-PA-0293,
which was being driven rashly and negligently by its driver, the
tempo turned turtle, resulting in grievous injuries to Ibrahim, to
which he succumbed. It was claimed that deceased Ibrahim was
aged about 65 years and was earning Rs.60,000/- per year by
running a grocery shop, a compensation to the tune of
Rs.19,70,000/- was claimed.
The application was opposed by the non-claimants.
Based on the pleadings of the parties, four issues were
framed by the Tribunal.
On behalf of the claimants AW-1 Jenaf Ben was examined
and documents were produced. The Insurance Company produced
NAW-1 Shivratan Lohra and exhibited documents.
After hearing the parties, the Tribunal came to the conclusion
that the accident occurred on account of rash and negligent
driving of the driver of the tempo, which resulted in grievous
injuries to Ibrahim, to which he succumbed.
The plea raised by the appellant - Insurance Company
seeking to deny its liability was not accepted. While determining
the amount of compensation, the Tribunal came to the conclusion
that the deceased was aged 70 years and was earning about
Rs.5,000/- per month by running a grocery shop and used to
spend Rs.2,000/- on himself and contribute Rs.3,000/- to the
family.
Based on the age of the claimant - Jenaf Ben i.e. 55 years
applied multiplier of 08 and awarded compensation to the tune of
Rs. 2,88,000/-, awarded a sum of Rs. 2,000/- towards funeral
expenses and Rs.5,000/- towards loss of love and affection and in
all awarded a sum of Rs.2,95,000/- alongwith interest @ 6% p.a.
from the date of application.
It is submitted by learned counsel for the appellant that the
Tribunal committed error in determining the amount of
compensation based on the age of the claimant, admittedly, the
deceased was aged 70 years and the Tribunal has applied
multiplier based on the age of the claimant and therefore, the
award deserves to be modified.
Further submissions were made that the Tribunal has
wrongly deducted only 40% towards personal expenses and has
taken the income of the deceased on the higher side and
therefore, the award deserves to be modified.
Learned counsel appearing for the respondents supported
the award impugned.
I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
It is not in dispute that the Tribunal came to the conclusion
that the age of the deceased Ibrahim was 70 years, even in the
application for compensation the age of the deceased was
indicated as 65 years. In view of the judgment of the Hon''ble
Supreme Court in the case of Sarla Verma and Ors. v. Delhi
Transport Corporation and Anr . : (2009) 6 SCC 121, the multiplier
in the case of age of the deceased above 65 years has been indicated as 05. The tribunal was, therefore, not justified in
applying the multiplier based on the age of the claimant.
So far as the amount towards personal expenses and the
annual income determined by the Tribunal is concerned, looking to
the age of the deceased and the dependent, the determination of
amount on personal expenses cannot be said to be incorrect and
the income of the deceased at Rs.5,000/- per month from
running a grocery shop also cannot be said to be excessive so as
to require any interference.
In view thereof, the award impugned passed by the Tribunal
is modified to the extent that instead of a sum of Rs.2,88,000/-
towards loss of income, the claimants would be entitled to a sum
of Rs.1,80,000/- towards loss of income, rest of the amount
awarded by the Tribunal is not under challenge and the same does
not call for any interference.
Consequently, the appeal is partly allowed. It is directed that
the claimants would be entitled to a sum of Rs.1,87,000/- as
amount of compensation alongwith interest @ 6% p.a. from the
date of application i.e. 16.10.2006.
Looking to the fact that the claim application was filed way-
back in the year 2006 and it is submitted that the respondents
have not received any amount pursuant to the award, the entire
amount of compensation be paid by the appellant-Insurance
Company to the claimant - Jenaf Ben in her Saving Bank Account
within a period of six weeks from the date of this judgment.