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Madhya Pradesh High Court · body

2005 DIGILAW 243 (MP)

Veena Sharma v. Hemu

2005-02-15

DIPAK MISRA, R.V.RAVEENDRAN

body2005
JUDGMENT Raveendran, C.J. -- This is a claimants' appeal against the judgment and award dated 30.6.1999 passed by the 9th Motor Accident Claims Tribunal in claim case No. 83 of 1997. The matter relates to death of one Ashok Kumar Sharma, a Sub-Inspector of Police aged about 40 years. The claimants are the widow, three children and parents of the deceased. They alleged that the deceased was earning Rs. 5,143/- per month. They claimed compensation of Rs. 17,50,000/-. After considering the evidence, the Tribunal awarded the compensation of Rs. 4,47,440/- with interest at the rate of 12% per annum from the date of petition till date of payment. The said judgment is challenged by the claimants on the ground that the compensation is low. The fact that the deceased died in a motor accident involving vehicle beating No. MP-04/W 0051 which is insured with the third respondent, is not disputed. The only question that arises for consideration is whether is compensation is to be increased. The claimants' have established that the deceased was a Government servant with an income of Rs. 5,143/- per month. It is appropriate to deduct Rs. 1,643/- towards income tax, profession tax and personal and living expenses of the deceased. Thus, the contribution to the family is arrived at Rs. 3,500/- per month or Rs. 42,000/- per annum. As the deceased was 43 years old, a multiplier of 15 would be applicable. The total loss of dependency is Rs. 42,000 x 15 = Rs. 6,30,000/-. A sum of Rs. 12,000/- (comprising of Rs. 5,000/- for loss of consortium, Rs. 5,000/- for loss of estate and Rs. 2,000/- towards funeral expenses) is added under conventional heads. The total compensation shall be Rs. 6,42,000/-. In view of the above, we allow the appeal in part on the following terms: (a) The appellants-claimants shall be entitled to compensation of Rs. 6,42,000/- (rupees six lacs and forty two thousand only) instead of Rs. 4,47,440/- awarded by the Tribunal. (b) While the amount awarded by the Tribunal shall carry interest at the rate of 12% per annum, the enhanced amount shall carry interest only at the rate of 6% per annum from the date of petition to date of deposit. (c) The apportionment and deposit shall be as per the directions of the Tribunal. (d) Three months' time is granted to deposit the amount. (c) The apportionment and deposit shall be as per the directions of the Tribunal. (d) Three months' time is granted to deposit the amount. (e) The parties shall bear their respective costs.