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Madhya Pradesh High Court · body

2001 DIGILAW 14 (MP)

Mini Mathew v. Pyarelal

2001-01-02

A.K.MISHRA, BHAWANI SINGH

body2001
1. This appeal is directed against the award of Motor Accident Claims Tribunal, Bhopal in Claim Case No. 46/1991, dated 11.1.1994. 2. The appellant-claimant Smt. Mini Mathew is widow of Late Mathew K. George, who died in the motor accident, that took place on 27.5.1991 at Bhopal. Truck No. P.B. 09/0100 owned by Satbir Singh, driven by Pyarelal and insured with the National Insurance Company Limited hit the scooter of the deceased-Mathew K. George on 27.5.1991, at 3:00 p.m. when the deceased was going to the town on his scooter. The accident was result of rash and negligent driving by the truck driver, who hit the deceased from behind. Due to the injuries sustained in the said accident, the deceased died on the same day. He was 26 year old and was employed in Deep Department Store earning Rs. 1,500/- per month, apart from Rs. 3,000 per month by repairing television sets. The claimants are parents arid wife of the deceased. 3. The respondents No. 1 and 2 did not appear despite service so proceeded ex-parte. While the Insurance Company has disputed the claim. 4. The learned Claim Tribunal has accepted the claim set up by the claimants and awarded compensation of Rs. 1,40,000/- payable by the Insurance Company with interest at the rate of 12% per annum, apart from Rs. 750/- towards counsels fee. 5. Adequacy of compensation has been challenged by the claimant through this appeal. The question for determination is whether just compensation has been awarded by the learned Claims Tribunal in this case. 6. Smt. A Ruprah, learned counsel for the Insurance Company, contends that the learned Claims Tribunal has awarded adequate compensation to the claimants in this case, therefore, interference by this Court is not called for. 7. Looking to the nature of evidence in this case, it would be appropriate to assess the compensation on the basis of monthly income of Rs. 1,500/- since there is no definite evidence with respect to income of the deceased by repair of television sets. Therefore the annual income of the deceased would be Rs. 18,000/-. After deducting 1/3rd towards personal expenditure, yearly dependency would come to Rs. 12,000/-. At the time of death, the deceased was 26 years old and appropriate multiplier in this case should be 18. Therefore, compensation of Rs. 12,000 x 18 = Rs. 2,16,000 becomes payable to the claimants, apart from Rs. 18,000/-. After deducting 1/3rd towards personal expenditure, yearly dependency would come to Rs. 12,000/-. At the time of death, the deceased was 26 years old and appropriate multiplier in this case should be 18. Therefore, compensation of Rs. 12,000 x 18 = Rs. 2,16,000 becomes payable to the claimants, apart from Rs. 10,000/- for loss of expectancy of life Rs. 2,000/- for funeral expenses Rs. 2,500/- for loss to the estate and Rs. 5,000/- for loss of consortium. Thus, the total amount of compensation is Rs. 2,35,500/- payable with interest at the rate allowed by the Claims Tribunal. 8. Consequently, the appeal is allowed. The parties shall bear their own costs.