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2007 DIGILAW 528 (UTT)

Smt. Kalpana Bhandari v. Sri Amarprit Singh

2007-10-25

J.C.S.RAWAT, RAJEEV GUPTA

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JUDGMENT J.C.S. Rawat, J. This appeal under section 173 of the Motor Vehicles Act has been filed against the award dated 19-12-2005 passed by the Motor Accidents Claims Tribunal/llnd F.T.C., Nainital (hereinafter referred as Tribunal') in MAC.P. No. 20/2004 Smt. Kalpna Bhandari Vs.Amarprit Singh & other, whereby the learned Tribunal had awarded a sum of Rs. 5,42,000/- as compensation alongwith the interest thereon @ 6% p.a. from the date of filing the claim petition till the date of payment. The liability to pay the compensation wa,s fixed upon the United India Insurance Co. Ltd. 2. Brief facts of the case are that claimant-Smt. Kalpna Bhandari had filed a claim petition before the learned Tribunal for compensation of Rs. 20 lacs alleging therein that on 15-06-2003 at about 7:30 p.m. her husband Deep Kumar Bhandari (deceased) went to see someone at Haldwani on the scooter bearing No. D.V.B. 3302. At about 10p.m. the claimant received a telephonic message from Soban Singh Jeena Base Hospital, Haldwani about the accident of her husband. The claimant alongwith her family members reached at the hospital and found her husband dead. The deceased died on account of injuries sustained by him on the date of accident. On 18-06-2003 the offending vehicle Truck No. UP 02D-0869 was seized by the police. According to the eye-witness of the accident, deceased Deep Kumar Bhandari was going on his scooter from Bhotiyapadao to Haldwani and he was driving slowly on the left side of the road. Truck No. UP 02-D 0869 coming from the back side rashly and negligently dashed the scooter, due to which the deceased sustained grievous injuries on his person and died. After the accident, the offending truck fled away from the place of occurrence. It was further alleged that the deceased was aged about 52 years on the date of accident and he was working in the Food Corporation of India on the post of A.G.I. He used to earn Rs. 15,774/- per month. Thus, the claimant-appellant had filed a claim petition for compensation for the death of her husband. 3. The opposite parties filed their written statements and contested the case. The United Insurance Company has denied the allegations made in the claim petition due to lack of knowledge. 15,774/- per month. Thus, the claimant-appellant had filed a claim petition for compensation for the death of her husband. 3. The opposite parties filed their written statements and contested the case. The United Insurance Company has denied the allegations made in the claim petition due to lack of knowledge. It was further pleaded by the United Insurance Company that the driver of the vehicle was not impleaded in the claim petition and the offending vehicle was being driven against the terms and conditions of the insurance policy. Amarprit Singh, who was the owner of the offending vehicle, has filed his written statement alleging therein that there was no evidence that the said truck was involved in the accident. It was further pleaded that the driver of the truck was driving very cautiously at the time of accident. It was further alleged that the offending truck was insured with the United Insurance Company Ltd. and as such, the liability to pay the compensation if any, is of the United Insurance Company. 4. On the basis of the pleadings, the learned Tribunal framed necessary issues in the case and ultimately, the learned Tribunal had come to the conclusion that the deceased died on account of the injuries sustained by him in the motor accident on 15-06-2003; the accident occurred due to rash and negligent driving of the driver of the offending truck; and the insurer of the offending Truck was liable to pay the compensation to the claimant. The Tribunal on a thorough scrutiny of the evidence led by the claimant about the income of the deceased including his salary certificate assessed his income at Rs. 9,505/-. The Tribunal had assessed the age of the deceased as 52 years on the date of accident. After deducting 1/3rd for the personal expenses of the deceased, the dependency of the claimant was assessed at Rs.76,000/- per annum. The Tribunal had applied the multiplier of "7" and the amount of compensation was assessed at Rs. 5,32,000. Apart from this, Rs. 5,000/- for last rites and Rs. 5000/- for consortium were awarded to the claimant. Thus, the Tribunal had awarded a sum of Rs. 5,42,000/- to the claimant as compensation alongwith interest @ 6% p.a. from the date of filing the claim petition till the date of payment. 5,32,000. Apart from this, Rs. 5,000/- for last rites and Rs. 5000/- for consortium were awarded to the claimant. Thus, the Tribunal had awarded a sum of Rs. 5,42,000/- to the claimant as compensation alongwith interest @ 6% p.a. from the date of filing the claim petition till the date of payment. It was further held that the United Insurance Company Ltd. is liable to pay the compensation to the claimant. 5. Feeling aggrieved by this, the appellant-claimant has preferred the present appeal for enhancement of compensation. 6. Heard learned counsel for the parties and perused the record. 7. Mr. S.S. Chaudhary, learned counsel for the appellant-claimant submitted that the Tribunal has erred in not accepting the claimant's evidence about the income of the deceased; the Tribunal has erred in assessing the monthly income of the deceased at Rs. 9,505/- or Rs. 1,14,060 per annum; in selecting the lower multiplier of '7'; and in awarding low compensation of Rs. 5,42,000/- only. 8. Mr. Manish Dalakoti, Advocate on behalf of Mr. D.S. Patni learned counsel for the Insurance Company on the other hand supported the award and submitted that as the claimant could not establish the income of the deceased as pleaded in the claim petition and the Tribunal has correctly assessed the annual income of the deceased on the basis of the salary certificate produced by the parties before the Tribunal. Mr.l.S. Mehra, Advocate for the owner of the offending truck also supported the award. 9. The findings recorded by the Tribunal that deceased Deep Kumar Bhandari died on account of the injuries sustained by him in the motor accident on 15-06-2003; the accident occurred due to the rash and negligent driving of the driver of the truck; and the insurer of the truck was liable to pay compensation to the claimant are not under-challenge before us in this appeal. Even otherwise, there is overwhelming evidence on record in support of the evidence recorded by the Tribunal in this regard. We, therefore, affirm the findings record ad by the Tribunal in that behalf. 10. Deceased Deep Kumar Bhandari was aged about 52 years on the date of the accident. The assessment of the income of the deceased made by the Tribunal at Rs. 9,505/- requires reconsideration as it is on the lower side according to the pay-slip of deceased Deep Kumar Bhandari filed by the parties before the Tribunal. 10. Deceased Deep Kumar Bhandari was aged about 52 years on the date of the accident. The assessment of the income of the deceased made by the Tribunal at Rs. 9,505/- requires reconsideration as it is on the lower side according to the pay-slip of deceased Deep Kumar Bhandari filed by the parties before the Tribunal. The Tribunal has assessed the income of deceased Deep Kumar Bhandari on the basis of the salary certificate which reads as follows : "TO WHOM IT MAY CONCERNED Certified that the pay particular of Late Sh. D.K. Bhandari, Ex. AG-I (M) for the month of May 2003 was as follows : Basic Pay : Rs. 10,600-00 D.A. : Rs 4,304-00 HR.A. : Rs 850-00 Lunch Sub. : Rs 120-00 Total : Rs 15,874-00 Deductions: CPF. : Rs 1,789-00 CPF Adv. : Rs 825-00 (31/36) Bank Loan : Rs 2,000-00 (1/26) H.B. Adv. : Rs 945-00 Conv. Adv. : Rs 300-00 B. Fund : Rs 10-00 Income Tax : Rs 500-00 Total - deduction : Rs 6,369-00 NET PAYMENT : Rs. 9,505-00 (RUPEES NINE THOUSAND FIVE HUNDRED FIVE ONLY) This certificate is issued as demanded by M/s United India Insurance Ltd. DO Haldwani vide letter No. 080900/1583/05 dated 27-07-2005. " 11. Perusal of the aforementioned pay-slip clearly reveals that the basic-pay of the deceased was Rs. 10,600/- on the date of accident and he was getting a sum of Rs. 4,304/- as dearness allowance. The deceased was getting a gross salary of Rs. 15,874/- per month. The deceased was getting a sum of Rs. 9,505/- as net salary after the deductions of Rs. 6,369/-. An amount of Rs. 1,789/- had been deducted for the contribution of the provident fund. The provident fund is a deferred payment out of the contribution made by the employee during the tenure of his service. Such employee or his family members are entitled to receive this amount. The Tribunal would have taken into consideration the amount of Rs. 1,789/- being paid towards the C.P.F. contribution for the assessment of income of the deceased. We, therefore, propose to recomputed the compensation taking the income of deceased Deep Kumar Bhandari at Rs. 11,298/- per month (Rs. 9,505/- net pay + Rs. 1,789/- P.F.) or Rs. 1,35,528/- per annum. 12. By deducting 1/3rd of Rs. 1,35,528/- as the personal expenses of the deceased, the claimant's dependency is assessed at Rs. 90,352/- per annum. We, therefore, propose to recomputed the compensation taking the income of deceased Deep Kumar Bhandari at Rs. 11,298/- per month (Rs. 9,505/- net pay + Rs. 1,789/- P.F.) or Rs. 1,35,528/- per annum. 12. By deducting 1/3rd of Rs. 1,35,528/- as the personal expenses of the deceased, the claimant's dependency is assessed at Rs. 90,352/- per annum. The deceased was 52 years of age on the date of the accident, whereas his widow Smt. Kalpna Bhandari was shown to be aged about 46 years on the date of filing of the claim petition. Considering the age of the deceased and his widow, in our opinion, the multiplier of '7' selected by the Tribunal appears to be appropriate. 13. By multiplying the annual dependency of Rs. 90,352/- with the multiplier of '7', the compensation works out to Rs. 6,32,464/-. The claimant is, further, entitled to Rs. 5000/- towards funeral expenses and Rs. 5000/- for the loss of consortium. Thus, the claimant become entitled to receive a total sum of Rs. 6,42,464/- (Rupees Six Lakhs Forty Two Thousand Four Hundred Sixty Four only) as compensation for the death of Deep Kumar Bhandari in the motor accident. 14. The interest awarded by the Tribunal at the rate of 6% per annum is certainly on the lower side. In our opinion, the interest ought to have been awarded at the rate of 7% (seven percent) per annum. With a view to avoid any possible delay in the computation of the amount of interest by the Claims Tribunal and any possible dispute between the parties about the period for which the claimant should get interest, we deem it proper to quantify the same ourselves. The accident, in the present case, took place on 15-06-2003 and the claim petition was filed on 11-12-2004. The impugned awarded was passed on 19-12-2005 and the entire amount awarded by the Tribunal was deposited by the insurer of the truck immediately after the pronouncement of the award. Taking all the above-mentioned relevant factors into consideration, we quantify the amount of interest on the enhanced amount of compensation of Rs. 1,00,464/- at Rs. 30,000/-. This amount of Rs. 30,000/- also includes the amount of difference between the interest @ 6% awarded by the Tribunal and the enhanced interest @ 7% awarded by us on the amount of compensation of Rs. 5,42,000/- awarded by the Tribunal. 15. 1,00,464/- at Rs. 30,000/-. This amount of Rs. 30,000/- also includes the amount of difference between the interest @ 6% awarded by the Tribunal and the enhanced interest @ 7% awarded by us on the amount of compensation of Rs. 5,42,000/- awarded by the Tribunal. 15. Thus, the claimant become entitled to receive a total sum of Rs. 6,72,464 (Rupees Six Lakhs Seventy Two Thousand Four Hundred Sixty Four only) [Rs. 6,42,464/- + Rs. 30,000/quantified as interest]. 16. For the foregoing reasons, the appeal filed by the claimant under section 173 of the Motor Vehicles Act for enhancement of the compensation is allowed in part. The compensation of Rs. 5,42,000/- awarded by the Tribunal is enhanced to Rs. 6,42,464/- with further quantified interest at Rs. 30,000/-. 17. The insurer of the truck i.e. respondent no.2 - the United India Insurance Company Ltd. is directed to deposit the enhanced amount of compensation of Rs. 1,00,464/- and the quantified interest of Rs. 30,000/- within a period of two months from today before the concerning Claims Tribunal. 18. No order as to costs.