Usha And Ors vs Manmohan And Ors

With the consent of the parties, the matter is heard finally. The instant appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Bikaner, vide award dated 9.7.2012 in Motor Accident Claim Case Nos. 297/2009.

The appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Bikaner for grant of compensation. The reply was filed on behalf of the respondents denying the allegations in the claim petitions. Thereafter, on completion of the pleadings the learned Tribunal framed the issues.

After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the appellants and awarded a sum of Rs.19,32,360/- in favour of the appellants and directed the respondents to pay an interest @ 6% per annum on the amount awarded from the date of filing of the claim petition till actual payment is made.

Counsel for the appellants submits that the salary which has been taken into account for computation of the monthly income is Rs.14,672/-per month, whereas it should have been Rs.19,650/- per month as per salary certificate Ex.11 which is produced on record by the appellants. He submits that the learned Tribunal erred while considering the net salary of Rs.14,672/- instead of gross salary Rs.19,650/-. He further submits that the future prospects in the light of the judgment of Hon'ble Supreme Court in the case of S.L.P. (Civil) Case No. 25590/2014 (National Insurance Company Limited V/s Pranay Sethi & Ors.) reported in 2017/ACJ/2700, 2017(4)J.L.J.R. 275, 2017(4)P.L.J.R. 261 has not been taken into account @ 30% while computing the compensation in the present case as the deceased was a government employee and was about 46 years of age.

Per contra, learned counsel for the respondent submits that the amount of salary to the tune of Rs.19650/- will be computed after deduction of the income tax and he is not in a position to dispute the proposition of future prospects as laid down in the case of Pranay Sethi (supra).

I have considered the submissions made at the Bar and have gone through the award passed by the learned Tribunal.

Taking into consideration the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (Supra) the computation which is required to be done in the present case is as under :-

For future prospects :-

Rs.19650 x 12 =Rs.2,35,800/- Less Rs.8580/- (Income Tax)

Rs.2,27,220/-

Add: Future Prospects @ 30% Rs.2,27,220/- + Rs.68, 166/-

Rs. 2,95,386/-

Amount to be deducted as spent on himself.

Rs. 2,95,386/- 1/3 = Rs. 98462/-

Dependence Amount

Rs. 2,95,386 - Rs. 98462 = Rs. 1,96,924/-

The age of deceased was 45 to 50 years therefore, a multiplier of 13 will be used.

(I)

Compensation due to death

1,96,924 x 13

Rs. 25,60,012/-

(II)

For the Loss of Estate (+)

Rs. 15,000/-

(III)

For Loss of Consortium (+)

Rs. 40,000/-

(III)

Funeral Expenses (+)

Rs. 15,000/-

Total

Rs. 26,30,012/-

Amount awarded by the Tribunal vide award dated 9.7.2012

Rs. 19,32,360/-

Enhanced amount

Rs. 6,97,652/-

In view of the calculation made above, the appellants are awarded an additional amount of compensation of Rs.6,97,652/-. Since, the amount of compensation as awarded by the learned Motor Accident Claim Tribunal, Bikaner vide award dated 9.7.2012 has already been paid, the difference of amount should be paid to the appellants. The appellants are also entitled to an interest @ 7% on the enhanced amount from the date of filing of the claim petition. The enhanced amount be paid with an interest @ 7% p.a. within a period of eight weeks from today.

The present Misc. Appeal stands disposed of accordingly.

Record of the learned Tribunal be sent back immediately.