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Madhya Pradesh High Court · body

2010 DIGILAW 577 (MP)

Bhay Kuwar v. Subhash

2010-05-19

J.K.MAHESHWARI

body2010
ORDER 1. This appeal has been filed by the appellants under section 173 of the Motor Vehicles Act against an award dated 28.6.2008, passed by learned 1st Additional MACT, Shajapur, in claim case No. 38/2008. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,59,000/- with interest arising out of an accident occurred on 4.5.2007 causing death of Bahadursingh. 2. Appellants had filed the claim petition under sections 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 15,00.000/-. It is pleaded by the claimants i.e. widow, son and mother that the sole bread earner of the family has died in the accident, however, the compensation as prayed in the claim petition may be awarded. 3. The Tribunal has awarded the total sum of Rs.1,59,000/-, out of which Rs. 1,44,000/- has been allowed in the head of loss of dependency assuming the caring of the deceased Rs. 3,000/- per month only, which annually comes to Rs.36,000/-. The Tribunal accepting the loss of dependency Rs. 12,000/-, applied the multiplier of 12 accepting the age of the deceased in between 50-55 years. While in pain and suffering Rs.2,000/- has been allowed, in funeral expenses Rs. 2,000/- in consortium Rs.5,000/- and Rs.6,000/- towards loss of love and affection to each of the claimants. 4. Shri Jain, learned counsel for the appellants submits that the Tribunal has committed an error in accepting the earning of the deceased Rs. 36,000/- per annum particularly looking to the fact that he was an agriculturist and the Bhu Rin Pustika as well as Khasra entries are available on record, thereby it is clear that the total land of 17-18 Bigha approximately comes in the name of appellants, after demarcation of the share of all the three brothers. It is also contended that the deceased was also doing the work of milk vending, the pass book there of in this respect has been produced as per Ex. P/10. In such circumstances, the earning from both the sources ought to have been counted while determining the earning as well as of loss of dependency. The finding as recorded by the Tribunal that no proof is available of doing the work of milk vending is adverse. P/10. In such circumstances, the earning from both the sources ought to have been counted while determining the earning as well as of loss of dependency. The finding as recorded by the Tribunal that no proof is available of doing the work of milk vending is adverse. It is also contended that the Tribunal has erred in granting the amount of compensation on the basis of Rs.12,000/- per annum while accepting the earning of Rs. 3,000/-per month and the loss of dependency after deducting 1/3 only Rs. 12,000/-. is prima facie against the settled position of law. Therefore, the earning may be adequately accepted while awarding the compensation. It is also contended that in conventional heads the amount as allowed by the Tribunal is inadequate and is liable to be enhanced. 5. On the other hand, Shri Khare, learned counsel appearing for the respondent Insurance Company has relied upon the findings recorded by the Claims Tribunal and argued that the award of compensation is just, proper and reasonable. 6. After having heard learned counsel for the parties and looking to the documents regarding agriculture (Ex. P-11 to P/14), it is apparent that the agricultural land was in the name of deceased. Even on death of deceased such agricultural land remains with the family members, but the land of supervision due to his death may be counted for the purpose of determination of earning by his death. Simultaneously, it is apparent that the deceased was doing milk vending business and the pass book (Ex.-P/10) in this respect has been produced. Thus, it can be safely be accepted that deceased was earning from two sources. In this context in the opinion of this Court, if we accept loss of supervision Rs. 2,500/per month and Rs. 1,500/- per month from the milk vending, thus in the opinion of this Court, the earning of the deceased may be safely determined @ Rs.4,000/- per month, which annually comes to Rs. 48,000/-. Looking to the fact that the wife on he deceased has filed the claim petition, however, the dependency shall be determined by applying 2/3rd and after deducting 1/3rd towards personal expenses, it comes to the tune of Rs. 32,000/- per annum. 48,000/-. Looking to the fact that the wife on he deceased has filed the claim petition, however, the dependency shall be determined by applying 2/3rd and after deducting 1/3rd towards personal expenses, it comes to the tune of Rs. 32,000/- per annum. As per the finding of Tribunal, the age of deceased was in between the age group of 50-55 years, however, applying the multiplier of 11 thereby loss of dependency comes to the tune of Rs. 3,52,000/-. The Tribunal has awarded the total sum of Rs. 15,000/- in other beads, therefore, in the opinion of this Court, it is further liable to be enhanced by Rs. 10,000/-, therefore, the total sum comes to Rs. 25,000/- in conventional heads. Thus, the total compensation comes to the tune of Rs.3,77,000/-. The Tribunal has awarded Rs. 1,59,000/-, if we deduct the same then the enhanced amount comes to the tune of Rs. 2,18,000/- which is liable to be enhanced. 7. Accordingly this appeal is allowed in part-I The compensation as allowed by the Tribunal is enhanced to the sum of Rs. 2,18,000/- in addition to the compensation already awarded by the Tribunal. The enhanced amount shall carry interest @ 7.5% per annum from the date of claim petition till its realization. In the facts and circumstances of the case parties are directed to bear their own costs.