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2010 DIGILAW 906 (MP)

Kailash (Dead) Through L. Rs. v. Ajmer Singh

2010-09-07

N.K.MODY

body2010
JUDGMENT :- N.K. Mody, J. 1. This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 2.5.2008 passed by the Second M.A.C.T., Jaora in Claim Case No. 32 of 2005. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,60,500 to the claimants for the death of one Kailash who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal that the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Claims Tribunal on facts/evidence adduced is made out in compensation awarded and, if so, to what extent? 2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimants by Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or the insurance company either by way of cross-appeal or cross- objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues. 3. As observed supra, it is a death case. Learned counsel for appellants submits that in a motor accident which took place on 26.9.2001, one Kailash sustained injuries and after a long treatment he died on 12.6.2003. It is submitted that deceased was in the age group of 40-45 years. The learned Tribunal has assessed the loss of income to the family at Rs. 1,500 per month and applied the multiplier of 15 and awarded a sum of Rs. 3,60,500, break-up of which is as under: Towards loss of dependency Rs. 2,70,000 Towards medical expenses Rs. 41,000 Towards pain and suffering Rs. 10,000 Towards loss of consortium, loss to estate and funeral expenses Rs. 12,500 Towards loss of love and affection Rs. 15,000 Towards traveling expenses Rs. 5,000 Towards expenses incurred on attendants Rs. 5,000 4. Learned counsel for appellants submits that deceased was under treatment at Ratlam and Vadodara. 2,70,000 Towards medical expenses Rs. 41,000 Towards pain and suffering Rs. 10,000 Towards loss of consortium, loss to estate and funeral expenses Rs. 12,500 Towards loss of love and affection Rs. 15,000 Towards traveling expenses Rs. 5,000 Towards expenses incurred on attendants Rs. 5,000 4. Learned counsel for appellants submits that deceased was under treatment at Ratlam and Vadodara. It is submitted that a sum of Rs. 1,50,000 was spent in treatment of deceased but learned Tribunal has awarded a meagre sum of Rs. 41,000 on account of medical expenses. It is further submitted that income of the deceased has been assessed on lower side. It is prayed that appeal be allowed and compensation be enhanced. 5. Learned counsel for respondent No. 3 submits that amount awarded is just and proper and no case for further enhancement is made out. It is submitted that appeal be dismissed. 6. After taking into consideration all the facts and circumstances of the case, this court is of the view that since 5 persons were dependent on the deceased, therefore deduction of 1/3rd for personal expenses is on higher side which ought to have been 74th. Similarly income of deceased ought to have been taken as Rs. 2,500 per month. In view of this, appellants are entitled for the following amount: Towards loss of dependency Rs. 3,37,000 Towards funeral expenses Rs. 5,000 Towards loss of consortium Rs. 5,000 Towards loss of love and affection (Rs. 10,000 each) Rs. 50,000 Towards traveling expenses during treatment Rs. 5,000 Towards medical expenses Rs. 50,000 Towards pecuniary losses Rs. 50,000 Total Rs. 5,02,000 Thus, appellants shall be entitled for a sum of Rs. 5,02,000 instead of Rs. 3,60,500. The enhanced amount of Rs. 1,42,000 shall carry interest at the rate of 8 per cent per annum from the date of application. It is also directed that out of this amount, 80 per cent shall be deposited in the FDR in a nationalised bank near to the residence of the appellants in the name of appellant No. 1 for a long period so that it should earn highest rate of interest with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in the S.B. account of appellant No. 1 which shall be opened by appellant No. 1 from where appellant No. 1 can withdraw the amount as per her needs. However, on an application filed by the appellant No. 1, this condition can be modified by learned Tribunal in exceptional circumstances, if made out by the appellant No. 1. 7. With the aforesaid modification the appeal stands disposed of. No order as to costs.