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2002 DIGILAW 173 (JHR)

Shukarmani Devi v. Krishna Pandey

2002-02-13

GURUSHARAN SHARMA, HARI SHANKAR PRASAD

body2002
Judgment By the Court.-Madan Gamin, husband of appellant was travelling on a Trekkar (BPW-6196) on 30.9.1983 while coming from village Dewatarn within Dhanbad district to attend his work at Putki. The said Trekker dashed against a rickshaw on the way near Syndicate Bank, Dhanbad, and met with an accident in which Madan Gorain died. 2. His widow made an application under Section 166 of the Motor Vehicles Act, 1988, for compensation of Rs. 1,20,000/-. It was registered as Title (M.V.) Suit No. 147 of 1993. 3. No documentary evidence in respect of earnings of the deceased, who was 35 years old was produced. However, the oral evidence on behalf of claimant was brought on record that the deceased was a daily wage earner and was earning Rs. 30/- to 33/- per day. 4. In absence of any positive evidence of actual amount of earnings of the deceased, the tribunal assessed annual dependency at 3000/- and applied 16 multiplier thereto. Thus total amount of Rs. 48,000/- was calculated to be paid to her as compensation, plus Rs. 2000/- for mental shock and agony on account of death of her husband. 5. The claimant has, preferred the present appeal under Section 173 of the Act for enhancement of compensation amount. 6. Mr. Lal, counsel for Insurance Company submitted that after filing of the present appeal, entire amount of compensation along with interest was deposited by insurer, which was received by claimant by way of full and final satisfaction of the impugned award and as such she is not entitled to claim further enhancement of compensation amount in this appeal. 7. There is nothing on record to suggest that claimant was satisfied with the impugned award and received the aforesaid amount with an undertaking to withdraw the present appeal. She had every right to file statutory appeal and was entitled to withdraw the compensation amount deposited by owner/insurer of the vehicle in question, pursuant to tribunal's award. However, such withdrawal is always subject to the result of appeal if any, filed against the tribunal's award. 8. We find that in paragraph 11 of the impugned Judgment. tribunal observed as under: "it IS the case of the year 1993 and witnesses have deposed in 1995, therefore, keeping ail above facts into account the deceased might earning daily wages at Rs. 25/- per day except Sundays as admitted by Sukarmani Devi (claimant)." 9. 8. We find that in paragraph 11 of the impugned Judgment. tribunal observed as under: "it IS the case of the year 1993 and witnesses have deposed in 1995, therefore, keeping ail above facts into account the deceased might earning daily wages at Rs. 25/- per day except Sundays as admitted by Sukarmani Devi (claimant)." 9. in view of aforesaid observation, we are at the view that tribunal ought to have calculated annual dependency on the basis that deceased was at least earning Rs. 25/- per day except Sundays i.e. on 315 days in a year which comes to Rs. 7875/-. It was claimed that deceased was expending only Rs. 3/- per day towards his personal expenses, which was disbelieved by the tribunal. So, in absence at definite evidence in this regard, one third of his earnings should be deducted in this manner, annual dependency is calculated at Rs. 5,250/- and on applying 16 multiplier thereto, total amount of compensation is assessed at Hs. 84.000/-, which is payable to the claimant-appellant along with interest @ 9% per annum from the date of filing of claim case till payment. 10. Accordingly, we enhance amount of compensation from Rs. 50,000/- to 84,000/- and reduce rate of interest from 12% to 9% following ratio of recent decision of the Apex Court in Smt. Kaushnuma Begum and others VS. The New India Assurance Company Limited and others, AIR 2001 SC 485 , wherein it was held that with a change in economy as well as policy of Reserve Bank of India, interest rate has been lowered and Nationalised Banks are now granting interest only @ 9% on fixed deposits for one year and as such interest @ 9% only be granted in MV Cases too. 11. With aforesaid modification in the impugned judgment and award, this appeal is disposed of. However, there shall be no order as to costs.