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2011 DIGILAW 62 (CHH)

Indrani Upadhyay v. Suresh Kumar Yadav

2011-02-17

RAJEEV GUPTA, SUNIL KUMAR SINHA

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JUDGMENT : Rajeev Gupta, J. The unfortunate widow and minor children of deceased Sharda Prasad Upadhyay are the appellants before us in this appeal for enhancement of compensation awarded by the Fourteenth Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 26.2.2005, passed in Claim Case No. 6 of 2004. As against the compensation of Rs. 16,74,000 claimed by the appellants-claimants, unfortunate widow and minor children of deceased Sharda Prasad Upadhyay by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 24.4.2002, the Claims Tribunal awarded a total sum of Rs. 5,67,640 as compensation along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till the date of actual payment. 2. The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Sharda Prasad Upadhyay died on account of injuries sustained by him in motor accident on 24.4.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle (jeep) bearing registration No. CG 04-ZA 2094; as the above offending vehicle (jeep) on the date of the accident was insured with United India Insurance Co. Ltd. and the insurance company could not establish any breach of policy conditions, the insurance company was liable to pay compensation to the claimants. 3. As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 4. The Tribunal assessed the income of the deceased at Rs. 4,380 per month. By deducting one-third of Rs. 4,380 towards the personal expenses of the deceased, the claimants' dependency has been assessed at Rs. 2,920 per month or Rs. 35,040 per annum. By multiplying the annual dependency of Rs. 35,040 with the multiplier of 16, the compensation was worked out to Rs. 5,60,640. By awarding further sum of Rs. 7,000 under other heads, the Tribunal awarded a total sum of Rs. 5,67,640 as compensation to the claimants for the death of deceased Sharda Prasad Upadhyay in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 5,67,640 at the rate of 6 per cent per annum from the date of filing of the claim petition till the date of actual payment. 5. Mr. 5,67,640 as compensation to the claimants for the death of deceased Sharda Prasad Upadhyay in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 5,67,640 at the rate of 6 per cent per annum from the date of filing of the claim petition till the date of actual payment. 5. Mr. Shivendu Pandya, learned counsel for the appellants, submitted that the Tribunal has erred in assessing the compensation on the basis of the basic pay of the deceased and ignoring the amount of dearness allowance which he was getting along with his salary; and in awarding low compensation of Rs. 5,67,640 only. 6. Mr. G.S. Patel, the learned counsel on behalf of Mr. Abhishek Sinha, learned counsel for respondent No. 3, United India Insurance Co. Ltd., on the other hand, supported the award and contended that the compensation of Rs. 5,67,640 awarded by the Tribunal is just and proper in the facts and circumstances of the present case. 7. Deceased Sharda Prasad Upadhyay was aged about 39 years on the date of accident. At the relevant time he was working as Constable in the Police Department. The claimants adduced in evidence the salary certificate, Exh. P1. The salary certificate, Exh. P1, reveals that the deceased Sharda Prasad Upadhyay received basic pay of Rs. 4,380 and dearness allowance of Rs. 1,883 in the month of March 2002. The Tribunal apparently has fallen into error in assessing the compensation on the basis of the basic pay of Rs. 4,380 per month alone. We, therefore, propose to recompute the compensation taking the monthly salary of the deceased at Rs. 6,263 which is rounded off to Rs. 6,300. 8. By deducting the usual one-third of Rs. 6,300 towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs. 4,200 per month or Rs. 50,400 per annum. 9. As deceased Sharda Prasad Upadhyay was 39 years of age on the date of the accident, the appropriate multiplier in the case would be 15 in view of the dictum of the Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another (2009) 6 SCC 121 , wherein multiplier of 15 has been prescribed for the age group between 36-40 years. 10. By multiplying the annual dependency of Rs. Delhi Transport Corporation and Another (2009) 6 SCC 121 , wherein multiplier of 15 has been prescribed for the age group between 36-40 years. 10. By multiplying the annual dependency of Rs. 50,400 with multiplier of 15 compensation works out to Rs. 7,56,000. The claimants are further entitled to receive Rs. 5,000 towards funeral expenses, Rs. 5,000 for loss to estate and Rs. 5,000 for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs. 7,71,000 as compensation for the death of the deceased Sharda Prasad Upadhyay in the motor accident. 11. The learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 12. Considering all the relevant aspects of the matter, including the delay in disposal of the claim petition, and the present appeal and the fact that insurance company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs. 2,03,360 at Rs. 21,640. 13. For the foregoing reasons, the appeal filed by the appellants-claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 5,67,640 awarded by the Tribunal is enhanced to Rs. 7,71,000 with further quantified amount of interest of Rs. 21.640 on the enhanced amount of compensation of Rs. 2,03.360. 14. The respondent No. 3 United India Insurance Co. Ltd. is granted three months' time for depositing the sum of Rs. 2,25,000 (Rs. 2,03,360 towards enhanced amount of compensation + Rs. 21,640 towards quantified amount of interest on the enhanced amount of compensation of Rs. 2,03,360) before the concerned Claims Tribunal. No order as to costs. Appeal partly allowed.