Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 1059 (MP)

HEERABEN v. HITESH

2011-09-06

N.K.MODY

body2011
JUDGMENT : N.K. Mody, J. This is an appeal filed by the claimants u/s 173 of the Motor Vehicles Act against the award dated 22.6.2009 passed by Fourth Addl. Member, M.A.C.T., Indore in Claim Case No. 62 of 2008. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 11,39,500 to the claimants for the death of one Veerjibhai Patel who died in motor accident. According to the claimants, i.e., appellants herein, the compensation awarded is on lower side and hence, needs to be enhanced. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in compensation awarded and, if so, to what extent? 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 the learned Tribunal. Secondly, none of these findings though recorded in favour of claimants are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, it is not necessary to burden the judgment by detailing facts on all these issues. 2. As observed supra, it is a death case. On 19.6.2008, Veerjibhai Patel, aged 47 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs. 11,39,500, break-up of which is as under : Towards loss of dependency Rs. 11,00,000 Towards funeral expenses Rs. 2,000 Towards loss to estate Rs. 2,500 Towards medical expenses Rs. 30,000 Towards consortium Rs. 5,000 3. Learned counsel for the appellants submits that deceased was in trade before his death. It is submitted that deceased submitted the income tax return on 11.6.2008 wherein the income of deceased was shown as Rs. 2,00,866 while learned Tribunal has taken the income as Rs. 1,50,000 and after deducting the one-third amount towards personal expenses. 5,000 3. Learned counsel for the appellants submits that deceased was in trade before his death. It is submitted that deceased submitted the income tax return on 11.6.2008 wherein the income of deceased was shown as Rs. 2,00,866 while learned Tribunal has taken the income as Rs. 1,50,000 and after deducting the one-third amount towards personal expenses. Claims Tribunal assessed the dependency at Rs. 1,00,000. It is submitted that the income of the deceased has already been proved by examining the Chartered Accountant, Shrinath Gupta, as AW 3. It is submitted that in the facts and circumstances of the case, amount awarded by the Claims Tribunal is on lower side and deserves to be enhanced. 4. Learned counsel for respondent No. 3 submits that the document, Exh. P71, which is the return does not bear the signature of the deceased. It is submitted that in the earlier years, the income of deceased was Rs. 1,45,000 and, therefore, the Tribunal has rightly taken into consideration the income of the deceased at Rs. 1,50,000. It is submitted that the appeal be dismissed. 5. I have gone through the evidence adduced by the claimants. After taking into consideration all the evidence on record this court is of the view that as per income tax returns of the deceased for the years 2005-2008, the income of the deceased was Rs. 1,47,200 for 2005-2006, the income was Rs. 1,73,500 in the year 2006-2007, the income of deceased was Rs. 2,00,866 in the year 2007-2008. The returns bear rubber stamp of Income Tax Department dated 11.6.2008. Keeping in view these documents, there was no justification to assess the income of deceased at Rs.1,50,000. In the facts and circumstances of the case, the income of the deceased ought to have been assessed as Rs.2,00,000 per year. After deducting one-third for personal expenses, the annual dependency comes to Rs. 66,660. (sic Rs. 1,34,000). In my opinion, it will be proper to enhance the compensation. The appellants are entitled for the following amount : Towards loss of dependency Rs. 14,74,000 Towards loss of love and affection Rs. 10,000 Towards loss to estate Rs. 5,000 Towards medical expenses Rs. 30,000 Towards funeral expenses Rs. 2,000 Total Rs. 15,21,000 6. Thus, the appellants are entitled for Rs. 15,21,000 (rupees fifteen lakh twenty-one thousand), instead of Rs. 11,39,500. The enhanced amount of Rs. 14,74,000 Towards loss of love and affection Rs. 10,000 Towards loss to estate Rs. 5,000 Towards medical expenses Rs. 30,000 Towards funeral expenses Rs. 2,000 Total Rs. 15,21,000 6. Thus, the appellants are entitled for Rs. 15,21,000 (rupees fifteen lakh twenty-one thousand), instead of Rs. 11,39,500. The enhanced amount of Rs. 3,81,500 (rupees three lakh eighty-one thousand five hundred) shall carry interest at the rate of 8 per cent per annum. 7. Amount awarded shall be deposited by the insurance company with the learned Tribunal and learned Tribunal is directed to invest 80 per cent of the said amount in long-term fixed deposit in the name of appellant No. 1 in the nearest nationalised bank in the area where the appellant No. 1 is residing, 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 S.B. Account of appellant No.1, which shall be opened by the appellant No.1 from where appellant No.1 can withdraw the amount as per her needs. However, on an application by the appellant No.1 this condition could be modified by the learned Tribunal in exceptional circumstances such as educational and marital needs of appellant Nos. 2 and 3, if made out by the appellant No.1. Since the appeal is allowed in part and accident is after 2.4.2008, therefore, the court-fee is payable on the enhanced amount. So far as court-fee is concerned, the same shall be payable as per the outcome of W.P. No.14728 of 2008 pending at Principal Seat on the issue of court-fee.