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2005 DIGILAW 266 (MP)

Krishnadevi Peshwani v. Dilip Kumar

2005-02-21

RAJEEV GUPTA, RAKESH SAKSENA

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JUDGMENT Considering that respondent No.2, the owner of the offending vehicle, remained ex parte before the Tribunal, I.A. No. 703/2005 is allowed and the service of the notice of this appeal on this respondent is hereby dispensed with. With the consent of the learned counsel for the parties, the appeal is finally heard. Being dissatisfied with the quantum of compensation awarded by Additional Motor Accidents Claims Tribunal, Bhopal, vide award dated 7.12.1999 passed in Motor Claim Case No. 407/99, the appellants have filed this appeal under section 173 of the Motor Vehicles Act, for enhancement. The claimants, unfortunate widow, minor children and parents of deceased Narayandas Peshwani, claimed compensation of Rs. 22,25,000/- for his death in the motor accident on 9.1.1999 when the Jeep bearing registration No. MP-04-H/4900 in which he was travelling was dashed by the offending vehicle Mini Truck bearing registration No. MP-04-K/3140 resulting in his death on the spot itself. The claimants further pleaded that deceased Narayandas Peshwani was getting salary of Rs. 6,000/- per month as Sub-Inspector in the Police. The driver and owner of the offending vehicle Mini Truck remained ex parte before the Tribunal. The insurer of the Truck contested the claim and denied its liability to pay compensation to the claimants on the plea that the driver of the Jeep himself was responsible for the accident. The Tribunal, on the evidence led by the parties, held that Narayandas Peshwani 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 Mini Truck. The Tribunal, therefore, held the driver, owner and the insurer of the offending vehicle Mini Truck liable, jointly and severally, to pay compensation to the claimants. On the evidence led by the claimants about the income of the deceased, the Tribunal assessed his income at Rs. 4,900/- per month. By deducting Rs. 1,700/- per month as his personal expenses, the claimants' dependency was assessed at Rs. 3,200/- per month and Rs. 38,400/- per annum. By multiplying the annual dependency of Rs. 38,400/- with the multiplier of 15, the compensation was worked out to Rs. 5,76,000/-. The Tribunal awarded further sums under various heads and, thus a total sum of Rs. 5,90,000/- was awarded as compensation to the claimants for the death of Narayaridas Peshwani in the accident. 38,400/- per annum. By multiplying the annual dependency of Rs. 38,400/- with the multiplier of 15, the compensation was worked out to Rs. 5,76,000/-. The Tribunal awarded further sums under various heads and, thus a total sum of Rs. 5,90,000/- was awarded as compensation to the claimants for the death of Narayaridas Peshwani in the accident. Interest was also awarded @ 12% 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 income of the deceased at Rs. 4,900/- per month, though he was getting salary of Rs. 6,000/- per month; in selecting the lower multiplier of 15 only; and in awarding low compensation of Rs. 5,90,000/- as against the sum of Rs. 22,25,000/- claimed by the claimants. Shri T.S. Ruprah, Senior Counsel, and Shri Harpreet Ruprah, the learned counsel for respondent No.3 The New India Assurance Co; Ltd., on the other hand support the award and submit that the Tribunal has been quite liberal in awarding substantial compensation of Rs. 5,90,000/- to the claimants. The findings that Narayandas Peshwani 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 Mini Truck have now attained finality as the respondents have not filed any appeal against the award. That apart, we find overwhelming evidence on record in support of those findings. We, therefore, affirm the findings recorded by the Tribunal in that behalf. Deceased Narayandas Peshwani was a Sub-Inspector in the Police. His pay slip (Exhibit A-3), adduced in evidence by the claimants before the Tribunal, reveals that the gross pay of the deceased was Rs. 5,998/per month and after deductions amounting to Rs. 1,084/- per month, his net pay was Rs. 4,914/- per month. The Tribunal, while assessing the income of the deceased at Rs. 4,900/- per month, has deducted all the deductions mentioned in the pay slip. Only some of the deductions mentioned in the pay slip (Exhibit A-3) are deductable while assessing the income of the deceased for the purpose of compensation. By deducting permissible deductions we assess the income of the deceased at Rs. 5,400/per month. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs. 5,400/- per month. By deducting 1/3rd of Rs. By deducting permissible deductions we assess the income of the deceased at Rs. 5,400/per month. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs. 5,400/- per month. By deducting 1/3rd of Rs. 5,400/- per month as the personal expenses of the deceased, the claimants' dependency is assessed at Rs. 3,600/- per month and Rs. 43,200/- per annum. The claimants pleaded that deceased Narayandas Peshwani was 38 years of age at the time of the accident. His widow claimant No. 1 Smt. Krishna Devi Peshwani was also shown 37 years of age in the claim petition. The Second Schedule prescribes multiplier of 16 for the age group between 35 to 40 years. In our considered view, multiplier of 16 would be appropriate in the case. By multiplying the annual dependency of Rs. 43,200/- with the multiplier of 16, the compensation works out to Rs. 6,91,200/-. The appellants are further entitled to Rs. 2,000/- for funeral expenses; Rs. 2,500/- for loss of estate; and Rs. 5,000/- for loss of consol1ium to the widow. Thus, the appellants are entitled to receive a total sum of Rs. 7,00,700/- from the respondents, jointly and severally, as compensation for the death of Narayandas Peshwani in the accident. The appeal, therefore, is allowed in part. The compensation of Rs. 5,90,000/-, awarded by the Tribunal, is enhanced to Rs. 7,00,700/- (Rupees Seven lacs seven hundred only). The enhanced amount shall bear interest @ 6% per annum from the date of the application. 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. C.C. as per rules.