Research › Search › Judgment

Madhya Pradesh High Court · body

2006 DIGILAW 31 (MP)

PACHKI BAI v. MANSHA RAM

2006-01-04

A.K.TIWARI, A.M.SAPRE

body2006
SAPRE, J. ( 1 ) THIS is an appeal filed by the claimants who are legal representatives of the deceased under section 173 of the motor Vehicles Act against an award dated 28. 8. 2002, passed by the learned Member, motor Accidents Claims Tribunal, Kukshi at District Dhar in the Claim Case No. 26 of 1999. By impugned award, the Tribunal has awarded a total sum of Rs. 3,73,361 with interest to the claimants for the death of one Mohan, who died in vehicular accident. According to the claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so, to what extent? ( 2 ) HEARD Mr. S. Patwa, learned counsel for the appellants and Mr. Milind Phadke, learned counsel for respondent insurance company. ( 3 ) IT is not necessary to narrate the entire facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of the claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any respondents such as, owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, we do not wish to burden our judgment by detailing facts on all these issues. ( 4 ) AS observed supra, it is a death case. On 6. 1. 1999, Mohan, aged around 29 years, died in a motor accident. He was survived by wife and children, who filed the claim petition out of which this appeal arises. The Tribunal on appreciation of evidence adduced by the claimants came to a conclusion that the deceased's daily income was Rs. 100 and hence, monthly income (22 days) comes to Rs. 2,200 and in consequence Rs. 26,400 on yearly basis. Applying the multiplier of 17, the Tribunal worked out Rs. 4,48,800. In this, after making deduction, the total compensation was worked out to Rs. 3,73,361. 100 and hence, monthly income (22 days) comes to Rs. 2,200 and in consequence Rs. 26,400 on yearly basis. Applying the multiplier of 17, the Tribunal worked out Rs. 4,48,800. In this, after making deduction, the total compensation was worked out to Rs. 3,73,361. ( 5 ) WE have gone through the evidence adduced by the claimants. Taking into consideration the evidence adduced by the claimants on the question of deceased's income and the exhibits indicating the land held by him (Exh. P7 to Exh. P10) and taking into account the totality of circumstances, status of Mohan as cultivator and social worker, we feel that assessment of his daily income at the rate of Rs. 100 appears to be on lower side. It should be on higher side to some extent. We, on our part, wish to increase to Rs. 5,000 per month. This makes it to Rs. 60,000 on yearly basis. After deducting 1/3 rd, we get a sum of rs. 40,000. Applying the multiplier of 17, we get a sum of Rs. 6,80,000. ( 6 ) IN other words, the claimants are held entitled for a total sum of Rs. 6,80,000 by way of compensation for the death of mohan. ( 7 ) THE compensation awarded to the claimants is just, reasonable and proper looking to the facts and circumstances of the case and taking into account the law laid down by the Supreme Court in these types of cases. Indeed in such cases, no fixed and any static formula is provided for determining the compensation and the same is required to be determined on the basis of evidence adduced and the relevant factors mentioned supra. It is on this basis that the courts have to work out award of reasonable compensation. ( 8 ) LEARNED counsel for the appellants cited some authorities for claiming enhancement. We have gone through these authorities. In our opinion and as observed supra, every case depends upon facts of each case and one can not rely upon the cases for awarding compensation. ( 9 ) IN this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above. The enhanced sum will carry interest at the rate of 6 per cent per annum from the date of application till realisation. All other findings are upheld being not under challenge. Counsel's fee Rs. ( 9 ) IN this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above. The enhanced sum will carry interest at the rate of 6 per cent per annum from the date of application till realisation. All other findings are upheld being not under challenge. Counsel's fee Rs. 1,500, if certified. Appeal allowed. .