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Madhya Pradesh High Court · body

2011 DIGILAW 1262 (MP)

Bhangdibai v. United India Insurance Co. Ltd.

2011-11-08

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 10.3.2011, passed by 2nd Additional MACT Kukshi in claim case No. 160/2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 4,15,000.00 with interest to the claimants for the death of one Prem Singh, who died in motor vehicle accident. 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 enhancement 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 12.1.2010, Prem Singh aged 31 years, met with a motor accident and died, giving rise to filing of claim petition by legal representantives (appellants herein) out of which this appeal, arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. Learned counsel for the appellants submits that deceased was mansion and income of the deceased was 3000.00 per month but for the purpose of computation of death the income of was assessed @ 2,500.00 and after deducting 1/4th multiplier of 18 was applied and the learned tribunal awarded compensation of Rs. 4,15,000.00 breakup of which is as under :- Rs. 4,5,000.00 towards loss of dependency. Rs. 10,000.00 towards funeral expenses+loss of estate+loss of love and affection. 4. 4,15,000.00 breakup of which is as under :- Rs. 4,5,000.00 towards loss of dependency. Rs. 10,000.00 towards funeral expenses+loss of estate+loss of love and affection. 4. Learned counsel for the appellants submits that income of the deceased ought to have been assessed @ 150.00 per day as the deceased was a labourer and the accident of the year 2010. Learned counsel submits that on other heads also the amount awarded by the learned tribunal is on lower side. It is submitted that since the defendants are six in number, therefore 1/5th amount ought to have been deducted on account of loss of dependency. It is submitted that appeal filed by the appellant be allowed. 5. Learned counsel for respondent No.1 submits that in the facts and circumstances of the case, the impugned award passed by the learned tribunal is just and proper. It is submitted that the appeal filed by the appellant be dismissed. 6. After taking into consideration all the evidence on record this Court is of the view that income of the deceased ought to have been assessed @ 4000.00 per month. Since the defendants were four in number excluding appellants therefore deduction ought to have been 1/4th which has rightly been made by the learned tribunal on account of personal expenses. On other heads also the amount awarded is on lower side. The appellants are entitled for the following amount : Rs. 6,48,000.00 towards loss of dependency. Rs. 5,000.00 towards funeral expenses. Rs. 5,000.00 towards consortium. Rs. 25,000.00 towards loss of love and affection Rs. 5,000.00 towards loss of estate. Rs. 6,88,000.00 total 7. Thus, appellants are entitled for a sum of Rs. 6,88.000.00 instead of Rs. 4,15,000.00. The enhanced amount of Rs. 2,73,000.00 shall carry interest @ 8% p.a. from the date of application. 80% of the said amount be deposited in a long term fixed deposit in the name of appellant No.1 in the nearest Nationalized Bank, in the area where the appellant 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 can withdraw the amount as per her needs. 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 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, if made out by the appellant No.1s. 8. With the aforesaid directions the appeal stands disposed of. No order as to costs. Tarun Kushwah for appellants; V.P. Khare for respondent No.1.