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Judgment
Heard Shri Prabhakar Tewari, learned Counsel for the Appellant and Shri R.P. Singh, learned Counsel for the Respondents and perused the record.
The instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been preferred against the judgment and award dated 9.5.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 10, Barabanki in MAC No. 236 of 2004.
One Ram Chandra a business man engaged in fisheries work was going to his resident situated at Muzaffara Mubarakpur, Faizabad on cycle. Roadways Bus No. UP 50 F 1582 driven rashly and negligently, hit from back side, in consequence thereof, the deceased Ram Chander sustained injuries and succumbed at the spot. The claim petition was filed before the tribunal by the dependents of late Shri Ram Chander, namely, Smt. Mayawati wife of Ram Chander, Shiv Kumar, Km. Reeta, Km. Poonam, Km. Meena, Ramu, Sunder Lal and Smt. Kamla.
While filing the claim petition, monthly income of Ram Chander was stated to be Rs. 6,000/- per month and total compensation was claimed Rs. 10,71,000/- .
Learned Counsel for the Appellant has assailed the impugned award solitary on the ground of quantum of compensation. He submits that there is no evidence on record which may prove the income of deceased to be Rs. 6000/- per month.
The tribunal has assessed the income of deceased as Rs. 3000/- per month and after deducting 1/3 in lieu of personal expenses, the annual income of the deceased comes to Rs. 24,000/- and awarded compensation of Rs. 3,84,000/- and Rs. 5000/- towards loss of consortium and Rs. 2000/- for funeral expenses, total compensation awarded by the tribunal is Rs. 3,91,000/- alongwith interest at the rate of Rs. 4%.
The argument advanced by the learned Counsel for the Appellant does not inspire confidence keeping in view the fact that the Appellant was engaged in fisheries work and monthly income assessed by the tribunal of Rs. 3000/- per month does not seem to be excessive. The person engaged in fisheries work may earn more than Rs. 3000/- per month.
Reliance has been placed on the judgment reported in 2008 (2) TAC 394 (S.C.) Laxmi Devi and Ors. v. Mohammad Tabbar and Anr. in which Hon''ble Supreme Court held that Schedule 2 of the Motor Vehicles Act has lost its utility by lapse of time and it must be increased and now-a-days an unskilled labour earns Rs. 100/- per day and under the Mahatma Gandhi Rozgar Yojna, minimum wage of daily wagers is Rs. 120/- .
Keeping in view the judgment rendered in the case of Laxmi Devi (supra), the income of the deceased of Rs. 3000/- per month does not seem to be excessive or unreasonable. While awarding compensation, the tribunal had given interest at the rate of Rs. 40% which seems to be unreasonable. The rate of interest should not be less than 6%. Since the claimants had not preferred any appeal for enhancement of amount, we are not inclined to interfere with regard to question of interest or to pay higher compensation. 10. In view of above, we do not find any merit in the argument advanced by the learned Counsel for the Appellant. The appeal being devoid of merit is hereby dismissed.
Let the entire amount, in case not already paid, be deposited before the tribunal within two months. The amount deposited in this Court shall be remitted to the tribunal forthwith and the tribunal shall release the same in favour of the claimants-Respondent in terms of award immediately after deposit by the Appellant.