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2005 DIGILAW 100 (MP)

Umadevi v. Shivam Commercial Service

2005-01-18

RAJEEV GUPTA, RAKESH SAKSENA

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JUDGMENT On due consideration MCP No. 3470/2001 is allowed and the delay in filing the appeal is hereby condoned. With the consent of the learned counsel for the parties, the appeal is finally heard. This is claimant's appeal filed under section 173 of the Motor Vehicles Act, 1988, for enhancement of the compensation awarded by Additional Motor Accident Claims Tribunal, Maihar, District Satna, vide award dated 21.4.2001 passed in Claim Case No. 4/93. Appellant Smt. Uma Devi claimed compensation of Rs. 5,00,000/- for the death of her husband Nand Kumar Mishra in the motor accident on 30.9.1992 when he fell from the Truck bearing registration No. MP-20-D/0851, in which he was travelling as its cleaner, on account of the rash and negligent driving of its driver, resulting in his instantaneous death on the spot itself. It was further pleaded that Nand Kumar Mishra used to earn Rs. 2,000/- per month as Cleaner on the truck. The Tribunal, on the evidence led by the parties, held that claimant's husband Nand Kumar Mishra died on account of the injuries sustained by him in the accident and that the accident occurred due to the rash and negligent during of the driver of the Truck. The Tribunal, therefore, held the driver, owner and the insurer of the Truck liable, jointly and severally, to pay compensation to the claimant. As the evidence led by the claimant about the income of the deceased was not found reliable, the Tribunal assessed his income at Rs. 15,000/- per annum, on the basis of the notional income prescribed in Second Schedule under section 163-A of the Motor Vehicles Act, 1988. By deducting 1/3rd of the said amount as his personal expenses, the claimant's dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 16, the compensation was worked out at Rs. 1,60,000/-. The Tribunal awarded further sums of Rs. 5,000/- for loss of consortium and Rs. 2,000/- for funeral expenses. Thus, a total sum of Rs. 1,67,000/- was awarded as compensation to the claimant for the death of her husband Nand Kumar Mishra in the accident. Interest was also awarded @ 9% per annum from the date of the award. 1,60,000/-. The Tribunal awarded further sums of Rs. 5,000/- for loss of consortium and Rs. 2,000/- for funeral expenses. Thus, a total sum of Rs. 1,67,000/- was awarded as compensation to the claimant for the death of her husband Nand Kumar Mishra in the accident. Interest was also awarded @ 9% per annum from the date of the award. Shri Lala, the learned counsel for the appellant, submits that the Tribunal has erred in not accepting the claimant's evidence about the income of the deceased and in assessing his income at Rs. 15,000/- per annum only on the basis of the notional income; in selecting lower multiplier of 16; and in awarding low compensation of Rs. 1,67,000/- only as against the sum of Rs. 5,00,000/- claimed by the claimant. Shri B.D. Jain and Shri Sunil Jain, the learned counsel for respondent No.3 M/s. Oriental Insurance Company Limited on the other hand support the award and submit that the Tribunal has been quite liberal in awarding compensation of Rs. 1,67,000/- to the claimant. The findings that appellant's husband Nand Kumar Mishra died on account of the injuries sustained by him in the accident and that the accident occurred due to the rash and negligent driving of the driver of the Truck, have now attained finality as the respondents have not filed any appeal against the award. Appellant's husband Nand Kumar Mishra was working as a cleaner on the Truck. The unfortunate accident occurred in the year 1992. The claimant pleaded that deceased Nand Kumar Mishra was in receipt of Rs. 2,000/- per month from his employer. True, the claimant did not examine the employer to establish that deceased Nand Kumar Mishra was getting salary of Rs. 2,000/- per month as cleaner. Nevertheless, the income of Rs. 2,000/- per month pleaded by the claimant when considered in the context of the then prevailing salary structure appears to be quite reasonable. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs. 2,000/- per month and Rs. 24,000/- per annum. As the family of the deceased consisted of husband and wife only, we deem it proper to deduct 1/2 of the income of the deceased as his personal expenses, and the claimant's dependency is assessed at Rs. 12,000/- per annum. 2,000/- per month and Rs. 24,000/- per annum. As the family of the deceased consisted of husband and wife only, we deem it proper to deduct 1/2 of the income of the deceased as his personal expenses, and the claimant's dependency is assessed at Rs. 12,000/- per annum. The multiplier of 16 selected by the Tribunal is appropriate as the Second Schedule under section 163-A of the Motor Vehicles Act, 1988, prescribes multiplier of 16 for the age-group between 15-20, and the age o(the sole claimant Smt. Uma Devi shown in the claim petition was 16 years. By multiplying the annual dependency of Rs. 12,000/- with the multiplier of 16, the compensation works out to Rs. 1,92,000/-. The appellant is further entitled to Rs. 2,000/- for funeral expenses; Rs. 2,500/for loss of estate; and, Rs. 5,000/- for loss of consortium. Thus, the appellant in all is entitled to receive a total sum of Rs. 2,01,500/- from the respondents 1,3 and 4, jointly and severally, as compensation for the death of her husband Nand Kumar Mishra in the accident. The appeal, therefore, is allowed in part. The compensation of Rs. 1,67,000/-, awarded by the Tribunal, is enhanced to Rs. 2,01,500/(Rupees Two Lacs One Thousand Five Hundred Only). The enhanced amount shall bear interest @ 6% per annum for a period of 4 years only. The Insurance Company is granted three months time for depositing the balance amount. There shall be no order as to the costs of this appeal.