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2011 DIGILAW 670 (MP)

SUGANBAI v. INDER SINGH

2011-06-23

P.K.JAISWAL

body2011
JUDGMENT : P.K. Jaiswal, J. This appeal is filed by the claimants, who are widow, sons and daughters of the deceased, u/s 173 of the Motor Vehicles Act, 1988 for enhancement of compensation against the award dated 21.12.2005, passed by the learned Second Member, Motor Accidents Claims Tribunal (Fast Track), Jaora, District Ratlam in Claim Case No. 12 of 2005. By the impugned award the Tribunal has awarded a total sum of Rs. 3,79,500 with interest to the claimants as compensation for the death of Nagulal. Learned counsel for the appellants drew my attention to the statements of Suganbai, AW 2, widow of the deceased, and submitted that at the time of death deceased was having 60 bighas of agricultural land in his name and from the said land he was earning Rs. 8,000 to Rs. 10,000 per month. In support of his contention he drew my attention to Exh. P36 and Exh. P37, copies of B/1 Kist Bandi Khatoni. He also drew my attention to Exh. P39, copy of Kist Bandi Khatoni in respect of Khata No. 435/432 and Exh. P40 in respect of Khata No. 116 by which 6.615 and 19.10 hectares of land has been jointly recorded in the names of deceased and his brothers and sisters. 2. The sole contention of Mr. Manish Jain, learned counsel for the appellants, is that apart from the land mentioned in Exhs. P39 and P40 the deceased was having separate agricultural land which is more than 60 bighas and learned Tribunal committed an error in assessing his agricultural income only at Rs. 100 per day. In support of the said contention he drew my attention to the Division Bench decision of this court in the case of Pachki Bai and Others Vs. Mansha Ram and Others, (2007) ACJ 1513, wherein in identical circumstances the assessment of agricultural income was made at Rs. 5,000 per month. The learned counsel for the appellants further contended that under other conventional heads a sum of Rs. 9,500 has been awarded by the Tribunal, which is also on lower side. He lastly submitted that looking to the size of the family of the deceased and the law laid down by the Apex Court in the case of Smt. Sarla Verma and Others Vs. 9,500 has been awarded by the Tribunal, which is also on lower side. He lastly submitted that looking to the size of the family of the deceased and the law laid down by the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , the deduction in respect of personal expenses of the deceased should be 1/4th instead of 1/3rd, as deducted by the Tribunal and prayed that the compensation be enhanced accordingly. 3. On the other hand, Mr. S.V. Dandwate, learned counsel for the respondent No. 3, drew my attention to the statement of Suganbai, AW 1, and submitted that as per her statement the appellant Nos. 1 to 3 were also doing agricultural work along with deceased Nagulal and, therefore, the contention of the counsel for the appellants that only the deceased was doing the agricultural work is not correct and submitted that looking to the loss of supervision on the death of deceased the amount of Rs. 3,000 per month, as assessed by the Tribunal, is just and proper and prayed for dismissal of the appeal. 4. After hearing the learned counsel for the parties and looking to the fact that the deceased was having 60 bighas of agricultural land in his independent name, apart from other agricultural lands which are jointly recorded in the names of deceased and his brothers, this court is of the view that the income of the deceased from agricultural land must be Rs. 4,000 per month, i.e., Rs. 48,000 per annum. As per law laid down in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , after deducting 1/4th for his personal and living expenses, the amount of annual dependency comes to Rs. 36,000. On applying multiplier of 15, as applied by the learned Tribunal, the amount of compensation comes to Rs. 36,000 x 15 = Rs. 5,40,000. On other conventional heads also, like funeral expenses, loss of love and affection, loss of consortium, amount of compensation is enhanced from Rs. 9,500 to Rs. 40,000. The appellants are also entitled to Rs. 10,000 for medical expenses, as awarded by the Tribunal on the basis of medical bills submitted by the appellants vide Exhs. P23 to P27 and Exhs. P33 to P35. Thus, the total compensation comes to Rs. 5,90,000. After deducting Rs. 9,500 to Rs. 40,000. The appellants are also entitled to Rs. 10,000 for medical expenses, as awarded by the Tribunal on the basis of medical bills submitted by the appellants vide Exhs. P23 to P27 and Exhs. P33 to P35. Thus, the total compensation comes to Rs. 5,90,000. After deducting Rs. 3,79,500 as awarded by the Tribunal the enhancement comes to Rs.2,10,500. The enhanced amount shall carry interest at the rate of 7.5 per cent per annum from the date of application till realization. In the result, the appeal is allowed in part and the appellants are held entitled to receive total sum of Rs. 2,10,500 in addition to the amount of compensation already awarded by the Tribunal. The enhanced amount shall carry interest as indicated hereinabove, but without any order as to costs.