Urmila Devi And Others vs Manpreet And Others

Avneesh Jhingan, J

The award dated 31.03.2016 passed by the Motor Accident Claims Tribunal, Ambala (for brevity 'the Tribunal') has been assailed by the legal heirs of Jai Bhagwan (deceased) seeking enhancement of compensation awarded under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act')

The widow, children and mother of Jai Bhagwan are the appellants. The driver, owner and insurer (i.e. New India Assurance Co. Ltd.) of Maruti Swift Dzire car bearing registration No. HR-75-A-0411 (hereinafter referred to as 'offending vehicle'); have been arrayed as respondents no. 1 to 3 respectively in the appeal.

The brief facts necessary for adjudication of the present appeal are that on 12.10.2014, Jai Bhagwan was riding his motorcycle bearing registration No. HR-02-U-3059. He was being followed by his relatives Narender Singh and Phool Singh on separate motorcycle. On his way, he was struck by a rashly and negligently driven offending vehicle. As a result of the impact, Jai Bhagwan received multiple grievous injuries. He was taken to MM Hospital Mullana from where he was referred to PGI, Chandigarh but he was taken to Ivy Hospital, Mohali where he was operated upon. During the treatment he succumbed to the injuries on 21.10.2014.

A claim petition under Section 166 of the Act was filed. The Tribunal after considering the facts and on appreciating the evidence adduced, held that the accident was caused due to rash and negligent driving of the offending vehicle. The Insurance company was held liable to pay the compensation at first instance but was given right to recover the amount from the driver and owner of the offending vehicle. The Tribunal awarded compensation of Rs.17,66,395/- alongwith interest @ 7.5% per annum. The amount awarded included Rs.5,000/- for loss of estate, Rs.25,000/- for funeral expenses and Rs.1,50,000/- for loss of love and affection, Rs.1,00,000/- for loss of consortium and Rs.2,48,895/- for medical expenses.

In the claim petition, it was pleaded that the deceased was doing business of manufacturing agricultural implements under the name and style of M/s Jai Agro and also having agricultural land and was earning Rs.50,000/- per month. The Tribunal while relying upon the income tax return for the assessment year 2010-2011 assessed the monthly income of the deceased as Rs.12,500/-, 1/4th deduction for self-expenses was made and multiplier of 11 was applied.

Heard learned counsel for the parties and perused the record. Learned counsel for the appellants contends that no future prospects have been awarded and the Tribunal erred in applying the multiplier of '11' instead of '13'.

Learned counsel for the insurer contends that the amount under the conventional heads be awarded in consonance with the decision of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi and others; 2017 (4) RCR (Civil) 1009 The contention raised by learned counsel for the appellants deserves acceptance.

The date of birth of the deceased was 05.03.1964, having due regard to the decisions of the Supreme Court in Parnay Sethi's case (supra) and Hem Raj vs. Oriental Insurance Company Ltd. 2018 (2) PLR 480; 10% future prospects are awarded, as the deceased was 50 years old at the time of accident and falls in the category of self employed or having fixed wages.

The deceased was 50 years old at the time of accident and falls in the age group of 46-50 and not in the age group of 51-55, multiplier of '13' is to be applied instead of '11', in consonance with the decision of the Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another (2009) 6 SCC 21.

As the quantum of compensation is being revisited, it would be appropriate that the amounts under the conventional heads are awarded in consonance with the decision of the Supreme Court in Pranay Sethi's case (supra). The claimants are entitled to Rs.15,000/- each for funeral expenses and for loss of estate. Further an amount of Rs.40,000/- is awarded to the widow for loss of consortium.

In view of above discussion the compensation is recalculated as under:

Head

Compensation awarded

(i)

Monthly income

Rs. 12,500/- per month

(ii)

Future prospects at 10%

Rs. 1250/-

(iii)

Total Income

Rs. 13,750/- per month

(iv)

Deduction of personal expenses

Rs. 3438/- (i.e. 1/4th of total income)

(v)

Multiplier

13 (as per age of deceased)

(vi)

Loss of income

10,312x12x13= Rs.16,08,672/-

(vii)

Funeral expenses

Rs.15,000/-

(viii)

Loss of estate

Rs.15,000/-

(ix)

Loss of consortium

Rs. 40,000/-

(x)

Medical expenses

Rs. 2,48,895/-

Total Compensation awarded

Rs.19,27,567/-

The award dated 31.03.2016 is modified to the extent that amount of Rs.17,66,395/- awarded by the Tribunal is enhanced to Rs.19,27,567/-. The appellants shall be entitled to the enhanced amount alongwith interest @7.5% per annum from the date of filing of the claim petition till the realization of the amount.

The appeal is allowed in the afore-said terms.