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Madhya Pradesh High Court · body

2005 DIGILAW 113 (MP)

Vaijanti Bai v. MPSRTC, Indore

2005-01-20

R.V.RAVEENDRAN, SHANTANU KEMKAR

body2005
JUDGMENT This Appeal is by the Appellants/claimants in Claim Case No. 105/1989 on the file of the Motor Accident Claims Tribunal, Ujjain being aggrieved by the judgment and award dated 19.12.2000. The Appellants-claimants are the widow, four sons and aged mother of one Hiralal who was a tailor carrying on business in the name and style of Vishal Tailor at Indore Cloth Market. He died in a motor accident involving two vehicles, that is MPSRTC bus bearing No. CPW 7050 (belonging to first Respondent and driven by second Respondent) and Matador Van bearing No. CPI 9457 (of which third Respondent is the owner, fourth Respondent is the driver and the fifth Respondent is the insurer). The Appellants-claimants by filing the said claim petition, claimed a compensation of Rs. 1,50,000/-. After appreciating the evidence, the Tribunal assessed the compensation as Rs. 1,67,000/- but restricted the award to Rs. 1,50,000/- as the amount claimed in the claim petition was only Rs. 1,50,000/-. The Tribunal, however, awarded an interest at the rate of 12% per annum on the amount awarded from 7.9.1989 till the date of payment. Feeling aggrieved, the claimants have filed this appeal contending that the Tribunal ought to have awarded just compensation and there was no need to restrict the compensation to only Rs. 1,50,000/- even if that was the claim. They contended that-compensation was very low. The fact that Tribunal can award in excess of what is claimed in the claim petition in appropriate cases, having regard to the fact that the Tribunal is required to award just compensation, is not seriously disputed by the respondents. Therefore, the only question that arises for consideration is whether the compensation awarded is low and whether it should be increased. The Tribunal assessed the income of the deceased as Rs. 2,000/- per month. By deducting Rs. 650/- towards his personal and living expenses, it determined the monthly contribution to family as Rs. 1,350/- or 16,200/- per annum. By applying a multiplier of 10, it has determined the loss of dependency as Rs. 1,62,000/-. It was also of the view that a sum of Rs. 5,000/- ought to be awarded as loss of consortium. However, it restricted the award to Rs. 1,50,000/- as that was the claim. The Tribunal has found that age of the deceased was 35 years. 1,62,000/-. It was also of the view that a sum of Rs. 5,000/- ought to be awarded as loss of consortium. However, it restricted the award to Rs. 1,50,000/- as that was the claim. The Tribunal has found that age of the deceased was 35 years. The family consisted of widow, four minor sons and aged mother apart from the deceased. We are, therefore, of the view that what should have been deducted as personal and living expenses is, only one fourth and not Rs. 650/-. On deducting one-fourth from the monthly income of Rs. 2,000/::, the contribution to the family will be Rs. 1,500/- per month or Rs. 18,000/- per ,annum. Having regard to the age of the deceased, the applicable multiplier will be of 13. Therefore, the loss of dependency would be 18,000 x 13 = 2,34,000/-. To this, a sum of Rs. 13,000/- has to be added, consisting of Rs. 5,000/- as loss of estate, Rs. 5,000/- loss of consortium and Rs. 3,000/- as funeral expenses. Thus, the total compensation would be Rs. 2,47,000/-. The Tribunal has awarded interest at the rate of 12% per annum on the award amount from 7.9.1989. The same is not challenged by the Respondents. However, we find that there has been considerable delay in conducting the case by the appellants and petition was once dismissed for default and later restored. We also find that the insurer was added as a party only on 9.3.1999. In the circumstances, we are of the view that interest on the increased compensation should be awarded only at the rate of 6% per annum and that too from 9.3.1999. Accordingly, we allow this appeal in part as follows: (a) The compensation is increased from Rs. 1,50,000/- to Rs. 2,47,000/- (Rupees Two lakhs and fourty seven thousand). (b) The interest payable shall be at the rate of 12% per annum on Rs. 1,50,000/- from 7.9.1989 till date of payment and at the rate of six per cent per annum on Rs. 97,000/- from 9.3.1999 to date of payment. (c) The liability of Respondents No.1 and 2 on the one hand and Respondents 3 to 5 on the other are joint and several as this is a case of composite negligence. 1,50,000/- from 7.9.1989 till date of payment and at the rate of six per cent per annum on Rs. 97,000/- from 9.3.1999 to date of payment. (c) The liability of Respondents No.1 and 2 on the one hand and Respondents 3 to 5 on the other are joint and several as this is a case of composite negligence. But for convenience, it is directed that Respondent No. 1 and 2 shall bear fifty percent of the liability and Respondents 3 to 5 shall bear other fifty percent of the liability. If any set of respondents are made to pay the full amount, contribution can be sought from the other set of respondents, as per law. (d) Parties to bear their respective costs.