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2005 DIGILAW 120 (MP)

Vandana Thakur v. Bhagwandas

2005-01-24

RAJEEV GUPTA, RAKESH SAKSENA

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JUDGMENT With the consent of the learned counsel for the parties, the appeal is finally heard. This is claimants' appeal filed under section 173 of the Motor Vehicles Act, for enhancement of the compensation awarded by Motor Accident Claims Tribunal, East Nimad, Khandwa, vide award dated 13.7.2001 passed in Motor Claim Case No. 34/97. The appellants, widow and minor son of deceased Thak Singh, claimed compensation of Rs. 14,00,000/- for his death in the motor accident when on 13.6.1997 the Hero Honda Motorcycle bearing registration No. MH-19-D/8081 on which he was travelling as pillion rider was dashed by the offending vehicle Bus bearing registration No. MP-09-S/1129 resulting in serious injuries to Thak Singh who succumbed to those injuries during the course of his treatment in the hospital. The claimants further pleaded that the deceased was getting a sum of Rs. 4,000/- per month, after all the deductions, as salary from the Railways. The Tribunal, on the evidence led by the parties, held that Thak Singh 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 Bus. The Tribunal, therefore, held the driver, owner and the insurer of the offending vehicle Bus liable, jointly and severally, to pay compensation to the claimants. The Tribunal assessed the income of the deceased at Rs. 4,320/- per month and the claimants' dependency at Rs. 2,600/- per month by multiplying the annual dependency with the multiplier of 15, the compensation was worked out at Rs. 4,68,000/-. The Tribunal awarded further sums under various heads and, thus a total sum of Rs. 4,75,000/- was awarded as compensation to the claimants for the death of Thak Singh in the accident. Interest was also awarded @ 9% per annum from the date of the application. Shri Anil Lala, the learned counsel for the appellants, submits that the Tribunal has erred in assessing the claimants' dependency at Rs. 2,600/- per month only; in selecting the lower multiplier of 15; and in awarding low compensation of Rs. 4,75,000/- as against the sum of Rs. 14,00,000/- claimed by the claimants. Shri Pradeep Naolekar, the learned counsel for respondent No.3, United India Insurance Co. Ltd., supports the award and submits that the Tribunal has been quite liberal in. awarding substantial compensation of Rs. 4,75,000/- to the claimants. 4,75,000/- as against the sum of Rs. 14,00,000/- claimed by the claimants. Shri Pradeep Naolekar, the learned counsel for respondent No.3, United India Insurance Co. Ltd., supports the award and submits that the Tribunal has been quite liberal in. awarding substantial compensation of Rs. 4,75,000/- to the claimants. Shri Neeraj Ashar, the learned counsel for respondents No.1 & 2, the owner and the driver of the offending vehicle Bus and Shri B.D. Jain and Shri Sunil Jain, the learned counsel for respondent No.6, the Insurer of the Motorcycle, also support the award. The findings that Thak Singh 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 offending vehicle Bus have now attained finality as the respondents have not filed any appeal against the award. From para 20 of the award we gather that the income of deceased Thak Singh was assessed at Rs. 4,320/. per month. Surprisingly, the Tribunal while assessing the dependency of the claimants reduced it to Rs. 4,000/- per month. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs. 4,320/- per month. By deducting 1/3rd of Rs. 4,320/- as the personal expenses of the deceased, the claimants' dependency is assessed at Rs. 2,880/- per month and Rs. 34,560/- per annum. The multiplier of 15, selected by the Tribunal, is on the lower side as deceased Thak Singh at the time of the accident was aged 32 years only and his widow claimant No.1 Smt. Vandana Thakur was shown to be 27 years of age in the claim petition. The Second Schedule prescribes multiplier of 18 for the age group between 25 to 30 years and 17 for the age group between 30 to 35 years. In our considered view multiplier of 17 would be appropriate in the case. By multiplying the annual dependency of Rs. 34,560/- with the multiplier of 17, the compensation comes to Rs. 5,87,520/-. The claimants are further entitled to Rs. 2,000/- for funeral expenses; Rs. 5,000/- for loss of consortium to the widow; and, Rs. 2,500/- for loss of estate. Thus, the appellants are entitled to receive a total sum of Rs. 5,97,020/- from respondents No.1, 2 and 3,jointly and severally, as compensation for the death of Thak Singh in the accident. 5,87,520/-. The claimants are further entitled to Rs. 2,000/- for funeral expenses; Rs. 5,000/- for loss of consortium to the widow; and, Rs. 2,500/- for loss of estate. Thus, the appellants are entitled to receive a total sum of Rs. 5,97,020/- from respondents No.1, 2 and 3,jointly and severally, as compensation for the death of Thak Singh in the accident. The appeal, therefore, is allowed in part. The compensation of Rs. 4,75,000/-, awarded by the Tribunal, is enhanced to Rs. 5,97,020/- (Rupees Five Lacs Ninety Seven Thousand Twenty Only). The enhanced amount shall bear interest @ 6% per annum from the date of the application. Respondent No.3 United India Insurance Co. Ltd., is granted three months time for depositing the balance amount. There shall be no order as to the costs of this appeal.