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Madhya Pradesh High Court · body

2011 DIGILAW 1125 (MP)

Mamta v. Sangeeta

2011-09-23

N.K.MODY

body2011
ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 28.2.2011 passed by MACT, Indore in claim case No. 22/2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 25,39,336/- with interest to the claimants. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhacement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the 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 the Tribunal. Secondly, none of these findings though recorded in claimant’s favour 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, there is no justification to burden the judgment by detailing facts on all these issues. 3. As observed supra, it is a death case. On 7.3.2010 deceased/Rajendra who was aged 34 years, met with a motor accident and died, giving rise to filing to 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. 25,39,336/-, break up of which is as under :- Rs. 25,26,336/- Loss of dependency Rs. 3,000/- Funeral expenses Rs. 5,500/- Loss of estate Rs. 5,000/- Loss of love and affection Rs. 25,39,336/- Total 4. Learned counsel for the appellants submit that in a motor accident deceased/Rajendra was died on 7.3.2010 and learned tribunal awarded Rs. 25,39,336/-. It is submitted that income of the deceased was taken as Rs. 13,158/- per month while income of the deceased is Rs. 5,500/- Loss of estate Rs. 5,000/- Loss of love and affection Rs. 25,39,336/- Total 4. Learned counsel for the appellants submit that in a motor accident deceased/Rajendra was died on 7.3.2010 and learned tribunal awarded Rs. 25,39,336/-. It is submitted that income of the deceased was taken as Rs. 13,158/- per month while income of the deceased is Rs. 13,841/- after deducting 1/3rd towards personal expenses and after adding 50% towards future prospects applied the multiplier of 16. Learned counsel submits that since appellants are 4 in number, therefore, deduction ought to have been of 1/4th. It is submitted that on number of heads no amount awarded. It is submitted that amount awarded is grossly inadequate which deserves to be enhanced by allowing the appeal filed by the appellants. 5. Learned counsel for respondents submit that in the facts and circumstances of the case, the amount awarded by the learned tribunal be reduced. It is submitted that the appeal filed by the appellants be dismissed and amount be reduced. 6. After taking into consideration all the facts and circumstances of the case, it appears that salary of the deceased was Rs. 13,841/- out of which deceased was paying the income-tax @ Rs. 125/-. Thus, income ought to have been taken as Rs. 13,716/- instead of Rs. 13,158/-. After taking into consideration future prospects income ought to have been taken as Rs. 20,574/- instead of Rs. 19,737/-. So far as deduction of 1/3rd is concerned, since the appellant No. 4 is having 2 other sons, therefore it cannot be said that appellant No. 4 was dependent on the deceased alone, thus, deduction of 1/3th towards personal expenses is just and proper. So far as other heads are concerned amount awarded is on lower side which deserves to be enhanced. This Court is of the opinion that a case of enhancement is made out. In view of this, the appeal filed by the appellants is allowed and the appellants are entitled for the following amount :- Rs. 26,33,472/- Loss of dependency Rs. 5,000/- Funeral expenses Rs. 15,000/- Loss of love and affection Rs. 5,000/- Loss of estate Rs. 26,58,472/- Total 7. Thus, the appellants are entitled for total sum of Rs. 26,58,472/- instead of Rs. 25,39,336/-. The enhanced amount of Rs. 1,19,136/- shall carry interest @ 8% p.a. from the date of filing the application. 26,33,472/- Loss of dependency Rs. 5,000/- Funeral expenses Rs. 15,000/- Loss of love and affection Rs. 5,000/- Loss of estate Rs. 26,58,472/- Total 7. Thus, the appellants are entitled for total sum of Rs. 26,58,472/- instead of Rs. 25,39,336/-. The enhanced amount of Rs. 1,19,136/- shall carry interest @ 8% p.a. from the date of filing the application. The enhanced amount shall be deposited by the respondent/Insurance Company with the learned tribunal and the learned tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellants No. 1 and 2 in the nearest Nationalized Bank, in the area where the appellants are residing under the guardianship of appellant No. 1, 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 needs of rest of the appellants. However, on an application by the appellant No. 1, this condition can be modified by the learned tribunal in exceptional circumstances, if made out by the appellant No. 1. 8. With these observations appeal disposed of accordingly.