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2005 DIGILAW 76 (MP)

Geetarani Mishra v. Chironjilal

2005-01-13

RAJEEV GUPTA, RAKESH SAKSENA

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JUDGMENT On due consideration, MCP No. 1464/2003 is allowed and the delay in filing the appeal is hereby condoned. 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 Third Additional Motor Accidents Claims Tribunal, Bhopal, vide award dated 27.4.1995 passed in Motor Claim Case No. 36/93. The appellants, widow and minor children of deceased Ramesh Mishra claimed compensation of Rs. 16,71,000/- for his death in the motor accident when on 2.2.1993 he was hit by the minibus bearing registration No. CIC-940 resulting in serious injuries to Ramesh Mishra who succumbed to those injuries during the course of his treatment in the hospital. The claimants pleaded that deceased Ramesh Mishra used to earn Rs. 3,000/- per month as an Advocate. The Tribunal, on the evidence led by the parties, held that Ramesh Mishra 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 minibus. The Tribunal, therefore, held the driver, owner and the insurer of the minibus liable, jointly and severally, to pay compensation to the claimants. On a, close scrutiny of the evidence led by the claimants about the income of the deceased, the Tribunal assessed his income at Rs. 1,500/- per month and Rs. 18,000/- per annum. By deducting 1/3rd of the said amount as his personal expenses, the claimants' dependency was assessed at Rs. 12,000/- per annum. By multiplying the annual dependency of Rs. 12,000/- with the multiplier of 16, the compensation was worked out at Rs. 1,92,000/-. The claimants were awarded interest @ 12% per annum from the date of the application. Shri Lala, the learned counsel for the appellants, submits that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs. 1,500/- per month only; in selecting the lower multiplier of 16; and in awarding low compensation of Rs. 1,92,000/- only as against the sum ofRs. 16,71,000/claimed by the claimants. Shri S.K. Rao and Shri Varun Kumar, the learned counsel for respondent No.3, The Oriental Insurance Co. 1,500/- per month only; in selecting the lower multiplier of 16; and in awarding low compensation of Rs. 1,92,000/- only as against the sum ofRs. 16,71,000/claimed by the claimants. Shri S.K. Rao and Shri Varun Kumar, the learned counsel for respondent No.3, The Oriental Insurance Co. Ltd., Bhopal, on the other hand support the award and submit that the Tribunal has been quite liberal in awarding substantial compensation of Rs. 1,92,000/- to the claimants. The findings that Ramesh Mishra 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 minibus have now attained finality as the respondents have not filed any appeal against the award. True, deceased Ramesh Mishra was an Advocate, but it is apparent from the evidence that he had joined the profession just a month before the accident. In this view of the matter, no fault can be found with the assessment of his income by the Tribunal at Rs. 12,000/- per annum after deducting 1/3rd of the income of the deceased as his personal expenses. The multiplier of 16, selected by the Tribunal, is certainly on the lower side as deceased Ramesh Mishra was 25 years of age at the time of the accident as is mentioned in the claim petition and so also in the post mortem report. The Second Schedule under section 163A of the Motor Vehicles Act, prescribes multiplier of 18 for the age group between 25 to 30 years. In our considered view, the multiplier of 18 would be appropriate in the present case. By multiplying the annual dependency of Rs. 12,000/- with the multiplier of 18, the compensation works out to Rs. 2,16,000/-. The appellants 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.2,25,500/- from the respondents, jointly and severally, as compensation for the death of Ramesh Mishra in the accident. The appeal, therefore, is allowed in part. The compensation of Rs.1,92,000/- awarded by the Tribunal, is enhanced to Rs. 2,25,500/- (Rupees Two Lacs Twenty Five Thousand Five Hundred only). The enhanced amount shall bear interest @ 6% per annum from the date of the application. The appeal, therefore, is allowed in part. The compensation of Rs.1,92,000/- awarded by the Tribunal, is enhanced to Rs. 2,25,500/- (Rupees Two Lacs Twenty Five Thousand Five 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.