Veer Bhan alias Mohan Lal vs Beer Singh and Another

K. Kannan, J.—Both the appeals are connected as they arise out of the same accident.

The appeal in FAO No. 5755 of 2002 is for enhancement of claim for compensation for death of a male, aged 26 years. The deceased was said to be engaged in transport business, earning about Rs. 10,000/- per month. The claimants were widow, 3 minor children and mother. The Tribunal took the income at Rs. 3,000/- per month and assessed a compensation of Rs. 3,93,500/-.

The claimant (wife) had stated that her husband was also the owner of the jeep which he was driving, as indeed the copy of insurance policy showed that he had also a driving licence. The Tribunal took his income at Rs. 3,000/- per month as the income from his vehicle. I think the assessment as regards income is very conservative considering the fact that the accident had taken place on 13.06.2001, I would increase it to Rs. 4,000/- per month and also rework the compensation by providing for prospect of future increase and on the scales laid down through the recent decisions of the Supreme Court and tabulate them as follows:-

There shall be an award of Rs. 11,84,000/- and the additional amount secured through this award shall attract interest at 7.5% per annum from the date of petition till date of payment. The entitlement to the same shall be distributed amongst the widow, 3 children and mother in the ratio of 2:2:2:2:1. The right of enforcement shall be available against the Insurance Company. The award stands modified and the appeal in FAO No. 5755 of 2002 is allowed to the above extent.

The other appeal in FAO No. 5357 of 2002 is also for enhancement of claim for compensation for injuries suffered in the same accident that took place on 13.06.2001. The claimant was driver. He was hospitalized for a period of 10 days. He was nursing an injury of a fracture of right hand and fingers and fracture of the right scapula. He had been also hospitalized for some time after the treatment. He took the income at Rs. 2,000/- and assessed a compensation of Rs. 20,000/- under various heads. I will take the income of the driver at the relevant time at Rs. 2,000/- per month and take the loss of income for three months at Rs. 6,000/-. I will increase the component of pain and suffering to Rs. 22,500/-, taking each one of the fractures to be compensated for Rs. 7,500/-, and that there not being any disability arisen out of the accident, but I would also provide modestly for transportation and attendant charges for hospitalization. I tabulate the compensation under various heads of claim as under:-

There shall be an award of Rs. 35,500/- and the additional amount secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. The right of enforcement shall be available against the Insurance Company.

The award stands modified and the appeal in FAO No. 5357 of 2002 is also allowed to the above extent.