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Madhya Pradesh High Court · body

2009 DIGILAW 1117 (MP)

Shiv Singh v. Balvir Singh

2009-09-11

S.K.GANGELE

body2009
Judgment S.K. Gangele, J ( 1. ) Heard. ( 2. ) The appeal has been filed by the appellants against the award dated 25th July, 2007, passed in Claim Case No. 193/2006, for enhancement of compensation. ( 3. ) On 22nd February, 2006, deceased Ashok Singh had been working as cleaner in the truck. The truck was going from Sendhwa to Nasik. At village Jamli, due to rash and negligent driving of the driver of the truck bearing registration No. R.J.14/ G-4375, it became turtle. In the aforesaid accident deceased died on the spot. Report of the accident was lodged at the police station Sendhwa and police registered an offence under Section 304-A of IPC against the driver of the aforesaid truck vide crime No.39/06. Subsequently, the claimants filed claim application under Section 166 of the Motor Vehicles Act before the Claims Tribunal claiming total compensation of Rs. 30,15,000.00. ( 4. ) The Claims Tribunal after considering the evidence on record of the case held that the accident occurred due to rash and negligent driving of the driver of the truck bearing registration No. R.J.14/G-4375. The truck was insured at the relevant time by the non-applicant No.3-Insurance Company and the driver had a valid driving licence, hence, the owner, driver and Insurance Company are jointly and severally liable for payment of compensation. After considering the nature of injuries, the Claims Tribunal awarded a compensation of Rs. 97,500/-. ( 5. ) Learned counsel for the appellants has submitted that the Claims Tribunal has not awarded a proper compensation and it has awarded less compensation. ( 6. ) Contrary to this, learned counsel for the respondent No.3-Insurance Company has submitted that the Claims Tribunal has awarded a proper compensation after considering all the evidence on record of the case. ( 7. ) With regard to quantum of compensation, the claimants in their evidence deposed that the deceased was getting a salary of Rs. 2,000/- per month and he was also getting Rs. 50/- per day for other expenses. Considering the above evidence on record of the case, in my opinion, the monthly salary of the deceased could be fixed as Rs. 2,500/- and Rs. 30,000/-per annum. The age of the deceased has been mentioned as 25 years. 2,000/- per month and he was also getting Rs. 50/- per day for other expenses. Considering the above evidence on record of the case, in my opinion, the monthly salary of the deceased could be fixed as Rs. 2,500/- and Rs. 30,000/-per annum. The age of the deceased has been mentioned as 25 years. As the deceased was unmarried and the claimants are father, mother and brothers of the deceased, hence, multiplier has to be applied on the basis of the age of the mother of the deceased. The age of the mother of the deceased has been mentioned as 53 years. As per the Second Schedule of the Motor Vehicles Act, multiplier of 11 is applicable for the age group of 50-55. Because the claimants are five in number, i.e, three brothers and father and mother of the deceased, hence, the dependency on the deceased could be fixed 2/3rd as per the judgment of the Honble the Supreme Court in the case of Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another, reported in 2009 (4) SCJ 91 = 2010 (1) An.W.R. 402 (SC) = (2009) 6 SCC 121 = 2009 (2) TAC 677 (SC). After fixing the dependency of 2/3, total loss of income to the claimants on account of death of the deceased come to Rs. 20,000.00 per year. After applying the multiplier of 11, total loss of income to the claimants comes to Rs. 2,20,000.00. The claimants are also entitled another Rs. 20,000.00 on other heads. Hence, in my opinion, considering the nature of the case, the claimants are entitled to get total compensation of Rs. 2,50,000.00 (Rupees Two Lacs Fifty Thousands only) including interest. The Tribunal has already awarded Rs. 97,500/-. Hence, the claimants are entitled to get total enhanced compensation of Rs. 1,52,500/- (Rupees One Lac Fifty Two Thousand Five Hundred only) including interest. ( 8. ) Consequently, the appeal of the appellants is allowed to extent that the appellants will get total enhanced compensation of Rs. 1,52,500.00 (Rupees One Lac Fifty Two Thousands Five Hundred only) including interest. 50% of the enhanced amount shall be kept in a fixed deposit in a Nationalized Bank upto a period of five years. Rest of the terms and conditions will be same as fixed by the Claims Tribunal. The impugned award is modified -to the extent as indicated above. No order as to costs.