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2009 DIGILAW 177 (CHH)

Sagar Bai Nirmalkar v. Janak Lal Pandey

2009-06-16

RAJEEV GUPTA, SUNIL KUMAR SINHA

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JUDGMENT : Rajeev Gupta, J. This is claimant's appeal for enhancement of compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari, Distt. Raipur (for short 'the Tribunal'), vide its award dated 29.8.2006, passed in Claim Case No. 102 of 2005. 2. The claimants, unfortunate widow, minor children and parents of deceased Sampat Lal Nirmalkar claimed compensation of Rs. 23,50,000 by filing a claim petition u/s 166 of the Motor Vehicles Act (for short 'the Act') for his death in the motor accident on 13.3.2005, when the minibus bearing registration No. CG 04-E 0304 in which he was travelling dashed against the stationary truck due to rash and negligent driving of the driver of the minibus, resulting in multiple serious injuries to Sampat Lal Nirmalkar who succumbed to those injuries during the course of his treatment. The claimants further pleaded that deceased Sampat Lal Nirmalkar used to earn Rs. 150 per day as carpenter and Rs. 12,000 per annum from agriculture. 3. The owner and driver of the offending vehicle minibus did not contest the claim and were proceeded ex parte before the Tribunal. 4. The insurer of the minibus contested the claim and denied its liability to pay compensation to the claimants on the plea that the driver of the offending vehicle minibus was not holding a valid driving licence; and the minibus was being plied in breach of the policy conditions. 5. The claimants examined AW 1, Sagar Bai and AW 2, Ishwar Kumar Sahu in support of their claim, whereas the insurer of the minibus did not examine any witness in rebuttal. 6. The Tribunal on a close scrutiny of the evidence led before it held that the deceased Sampat Lal Nirmalkar died on account of the injuries sustained by him in the motor accident on 13.3.2005; the accident occurred due to the rash and negligent driving of the driver of the offending minibus; as the offending minibus on the date of the accident was insured with New India Assurance Co. Ltd., the insurance company was liable to pay compensation to the claimants. 7. The Tribunal assessed the income of the deceased at Rs. 15,000 per annum on the basis of the notional income prescribed in Second Schedule u/s 163-A of the Act. By deducting 73rd of Rs. 15,000 for the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10,000 per annum. 7. The Tribunal assessed the income of the deceased at Rs. 15,000 per annum on the basis of the notional income prescribed in Second Schedule u/s 163-A of the Act. By deducting 73rd of Rs. 15,000 for the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10,000 per annum. By multiplying the annual dependency of Rs. 10,000 with the multiplier of 17, the compensation was worked out to Rs. 1,70,000. By awarding further sum of Rs. 20,000 under the other heads, the Tribunal awarded a total sum of Rs. 1,90,000 as compensation to the claimants for the death of deceased Sampat Lal Nirmalkar in the motor accident on 13.3.2005. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,90,000 at the rate of 6 per cent per annum from the date of filing of the claim petition till the date of actual payment. 8. Mr. J.A. Lohani, learned Counsel for the Appellants submitted that the Tribunal has erred in not accepting the claimants evidence about the income of the deceased and in assessing his income at Rs. 15,000 per annum only and in awarding low compensation of Rs. 1,90,000 only. 9. Mr. Dashrath Gupta, learned Counsel for Respondent No. 3, New India Assurance Co. Ltd., on the other hand, supported the award and contended that the Tribunal has been quite liberal in awarding substantial amount of Rs. 1,90,000 as compensation to the claimants though the claimants could not establish the income of the deceased as pleaded by them. 10. The findings recorded by the Tribunal that deceased Sampat Lal Nirmalkar died on account of injuries sustained by him in the motor accident on 13.3.2005; the driver of the offending minibus was responsible for the accident; and the insurer of the offending minibus was liable to pay compensation to the claimants have now attained finality as the Respondents have not filed any appeal against the award. That apart, there is overwhelming evidence available on record to establish the above facts beyond any shadow of doubt. We, therefore, affirm the above findings recorded by the Tribunal. 11. True, the claimants pleaded that the deceased Sampat Lal Nirmalkar used to earn Rs. 150 per day as a carpenter and Rs. 12,000 per annum from agriculture, but the evidence led in that behalf was not of clinching nature. We, therefore, affirm the above findings recorded by the Tribunal. 11. True, the claimants pleaded that the deceased Sampat Lal Nirmalkar used to earn Rs. 150 per day as a carpenter and Rs. 12,000 per annum from agriculture, but the evidence led in that behalf was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 12. Nevertheless, the income of the deceased assessed by the Claims Tribunal at Rs. 15,000 per annum is certainly on the lower side. The notional income of Rs. 15,000 was prescribed in the Second Schedule u/s 163-A of the Act in the year 1994. If the increase in prices of essential commodities and the cost of living between the year 1994 and the year 2005, the year of accident in the present case, are taken into account, the notional income of Rs. 15,000 prescribed in the year 1994 would certainly come to Rs. 36,000 in the year 2005. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs. 36,000 per annum. 13. By deducting the usual 1/3rd of Rs. 36,000 towards personal expenses of the deceased, the claimants' dependency is assessed at Rs. 24,000 per annum. 14. Considering that deceased Sampat Lal Nirmalkar was aged about 35 years on the date of the accident, the multiplier of 13 would be appropriate in the present case, in view of the dictum of the Apex Court in the case of The New India Assurance Company Limited Vs. Smt. Kalpana and Others (2007) 3 SCC 538 . 15. By multiplying annual dependency of Rs. 24,000 with the multiplier of 13, the compensation works out to Rs. 3,12,000. Claimants are further entitled to receive Rs. 5,000 towards the funeral expenses; Rs. 5,000 towards loss to the estate; and Rs. 5,000 for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs. 3,27,000 as compensation for the death of deceased Sampat Lal Nirmalkar in the motor accident on 13.3.2005. 16. 3,12,000. Claimants are further entitled to receive Rs. 5,000 towards the funeral expenses; Rs. 5,000 towards loss to the estate; and Rs. 5,000 for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs. 3,27,000 as compensation for the death of deceased Sampat Lal Nirmalkar in the motor accident on 13.3.2005. 16. The learned Counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 17. Considering all the relevant factors including the delay in disposal of the claim petition and the present appeal and the fact that the insurance company alone is not to be blamed for the delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs. 1,37,000 at Rs. 13,000. 18. For the foregoing reasons, appeal filed by the Appellants-claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 1,90,000 awarded by the Tribunal is enhanced to Rs. 3,27,000 with further quantified amount of interest of Rs. 13,000 on the enhanced amount of compensation of Rs. 1,37,000. 19. Respondent No. 3, New India Assurance Co. Ltd. is granted three months time towards depositing the total sum of Rs. 1,50,000 (Rs. 1,37,000 for enhanced amount of compensation + Rs. 13,000 towards the quantified amount of interest on the enhanced amount of compensation) before the concerned Claims Tribunal. 20. No order as to costs.