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2005 DIGILAW 1828 (RAJ)

Sulochna Devi v. Vishnu Prasad

2005-07-19

JITENDRA RAY GOYAL

body2005
Judgment J.R. Goyal, J.- Instant appeal has been preferred by the claimant-appellants, who are widow, daughter, sons and mother of the deceased Puranmal, for enhancement of the compensation against the award dated 03.01.2003 passed by the Motor Accident Claims Tribunal, Sikar (Raj.) (hereinafter to be referred as Tribunal) in MAC No. 208/1997 whereby an award of Rs. 2,16,000/-has been passed. The interest was allowed @ 9% per annum on Rs. 2,16,000/-from the date of filling the claim application i.e., 111.1997 to 18.09.1998 and thereafter on Rs. 1,66,000/-from 19.09.1998 onwards, as the interim compensation of Rs. 50,000/-had already been deposited by the National Insurance Company on 19.09.1998. 2. Facts in brief giving rise to this appeal are that on 28.06.1997 at about 2:15 pm when Puranmal (since deceased) was coming from Maksi by car bearing registration No. DN-09-A-0427 and when he reached at Golwa Bus stand, a vehicle bearing registration No. MP-13C-3286 coming from Shajapur, driven by its driver Vishnu Prasad rashly and negligently, hit the car of the deceased Puranmal, as a result of which the deceased sustained grievous injuries and died on the next day. 3. Owner and driver of the involved vehicle did not appear after service while respondent No. 3 National Insurance Company filed reply stating therein that the accident occurred due to rash and negligent driving of its driver Vishnu Prasad. 4. On the basis of the pleadings of the parties, the Tribunal framed issues for consideration and after recording the evidence of the parties, learned Tribunal passed an award of Rs. 2,16,000/-as stated hereinabove. 5. Aggrieved from the award on the ground of inadequacy, the present appeal has been preferred by the claimant-appellants. 6. I have heard learned Counsel for the parties and perused the impugned award. 7. Learned Counsel for the appellant contended that the deceased received grievous injuries and on account of that he died on the next day leaving behind him his widow, children and mother. It was also contended that learned Tribunal did not consider the evidence in a proper manner produced by the claimant-appellants and determined the monthly income of the deceased only Rs. 2,040/-per month while the deceased was earning Rs. 3,000/-per month. It was also contended that dependency was assessed to be only Rs. 1,200/-per month while at least the same should have been determined at Rs. 1,400/-per month. 2,040/-per month while the deceased was earning Rs. 3,000/-per month. It was also contended that dependency was assessed to be only Rs. 1,200/-per month while at least the same should have been determined at Rs. 1,400/-per month. It was further contended that no amount of compensation under the head of loss of consortium to his wife and loss of love and affection to his children and mother has been awarded which ought to have been granted under the facts and circumstances of the present case. 8. Learned Counsel for the respondent-Insurance Company supported the impugned award and contended that learned Tribunal rightly awarded the compensation considering the deceased as skilled labourer. 9. I have considered the rival contentions. It has come in the evidence that deceased was a driver. Learned Tribunal assessed the income of the deceased at Rs. 2,040/-per month and after deducting the amount on account of uncertainty of earning assessed the income at Rs. 1,800/-per month only and further determined the loss of dependency at Rs. 1,200/-per month, which does not seem to be proper. Considering the entire facts and circumstances of the present case, it would be appropriate to assess the dependency at Rs. 1,400/-per month i.e. Rs. 16,800/-per annum. Learned Tribunal applied the multiplier of 15 considering the age of deceased to be 45 years, which is just and reasonable. Thus, the total amount of dependency comes to Rs. 16,800 x 15 = Rs. 2,52,000 /-. Learned Tribunal did not award any compensation on account of loss of consortium and love and affection. Hence, it would be proper to award Rs. 10,000/-to the widow for the loss of consortium and Rs. 5,000/- each to two sons & daughter and mother of the deceased. The claimant-appellants are also entitled to interest @ 6% per annum. Thus, the total amount of compensation comes to Rs. 2,82,000/- 10. Consequently, the present appeal is partly allowed, the award passed by the learned Tribunal is modified and the award of compensation is enhanced to Rs. 2,82,000/-from Rs. 2,16,000/-with interest @ 6% per annum on the enhanced amount from the date of filling the claim application i.e., 111.1997 till payment . 11. The appeal stands disposed of accordingly.