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2009 DIGILAW 1043 (HP)

PUSHPA VERMA v. HARBHAN SINGH

2009-11-12

DEEPAK GUPTA

body2009
JUDGMENT Deepak Gupta, J.(Oral)-This appeal by the claimants has been filed for enhancement of compensation. 2. The deceased Praveen Kumar was aged about 40 years and was alleged to be running an auto repair shop. It is not disputed that he died in an accident involving tempo No. HP-12-9463. The claimants, who are the widow, three minor children and mother of the deceased filed a petition for grant of compensation under Section 166 of the Motor Vehicles Act, 1988. In the petition, it was alleged that the deceased was earning Rs.20,000/- to Rs.25,000/- per month. However, the petitioners themselves produced a Chartered Accountant who examined the books of the deceased and came to the conclusion that the deceased was earning at Rs.4,000/- per month. The learned Tribunal did not accept this to be correct. He assessed the income of the deceased at Rs.3,200/- per month. The dependency of the family at Rs.2300/- per month and applying a multiplier of 14 the compensation was assessed at Rs.3,86,400/-. Hence the present appeal. 3. I have heard Shri Ajay Sharma, learned counsel for the appellant and Shri N.K. Thakur, learned counsel for respondents No. 1 and 2. 4. The learned Tribunal has given no reason for discarding the statement of PW-2. Shri Mohinder Singh Patial, who is a Chartered Accountant by profession and proprietor of a firm of Chartered Accountants known as Patial and Company. No doubt, there is no evidence to show that the deceased was paying any income-tax. However, the fact remains that he had been allotted a permanent account number and was running an auto repair shop. Therefore, the assessment of his income at Rs.4000/- per month by the Chartered Accountant after examining the books of the deceased could not be said to be unduly highly. I find no reason to discard the statement of the Chartered Accountant. 5. Having assessing the income of the deceased, the question which arises is as to what would be the amount which the deceased was spending on himself. The Apex Court in Sarla Verma and Others vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 has clearly laid down that where there are more than three or four dependents then the deceased would not be spending more than 1/4th of his income on himself. The Apex Court in Sarla Verma and Others vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 has clearly laid down that where there are more than three or four dependents then the deceased would not be spending more than 1/4th of his income on himself. Therefore, it is held that the deceased must have been spending at Rs.1000/-on himself and the dependency of the family is taken at Rs.3000/- per month or Rs.36000/- per year. Since the deceased was aged about 40 years, the appropriate multiplier would be 15 and the compensation for loss of dependency works out to Rs.5,40,000/-. In addition thereto the claimants are entitled to Rs.10,000/- for conventional damages and Rs.5,000/- for funeral expenses. The widow is also entitled to Rs.10,000/- on account of loss of consortium. Therefore, the total compensation payable is at Rs.5,65,000/-. The same is apportioned as follows:- 1. Smt. Pushpa Verma (widow) Rs.2,00,000/- 2. Miss. Pankhuri Verma (daughter) Rs.1,00,000/- 3. Miss. Priya Verma (daughter) Rs.1,00,000/- 4. Mr. Shivam Verma (son) Rs.1,00,000/- 5. Smt. Thaukari Devi (mother) Rs. 65,000/- 6. The learned Tribunal has gravely erred in awarding interest from the date of the decision of the case. There is no reason as to why the claimants should be denied interest for the period after they filed the claim petition till the decision thereof. On the aforesaid amount of compensation the claimants shall be entitled to interest @ 9% per annum from the date of filing of the petition i.e. 28.1.2004 till payment/deposit of the amount. 7. The appeal is allowed in the aforesaid terms and the award of the learned Motor Accident Claims Tribunal is modified and the compensation payable to the claimants is enhanced from Rs.3,86,400/- to 5,65,000/-with interest as aforesaid. The appeal is disposed of accordingly. No order as to costs.