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2011 DIGILAW 89 (CHH)

Desai Ram v. Firoz Khan

2011-03-05

RAJEEV GUPTA, SUNIL KUMAR SINHA

body2011
ORDER Rajeev Gupta, C.J. 1. The impugned award dated 29.01.2005, passed by the Fourth Additional Motor Accident Claims Tribunal, Ambikapur (for short 'the Tribunal') in Claim Case Nos. 32/2003 and 33/2003 has given rise to filing of these two miscellaneous appeals for enhancement of the compensation. 2. Appellants Smt. Dharambai and Ku. Asha, widow and minor daughter of deceased Shivaram (Appellants in M.A. No. 843/2005) and Appellants Dasai Ram and Balmati, father and mother of deceased Shivaram (Appellants in M.A. No. 796/2005) filed separate claim petitions before the Tribunal claiming compensation for the death of Shivaram in the motor accident on 03.06.2002. 3. The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Shivaram died on account of the injuries sustained by him in the motor accident on 03.06.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No. M.P. 27/B/3577; as the above offending vehicle Bus on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4. As the Respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5. The Tribunal assessed the income of the deceased at Rs. 15,000/-per annum on the basis of the notional income prescribed in the Second Schedule under Section 163A of the Motor Vehicles Act. By deducting l/3rd of Rs. 15,000/- towards the personal expenses of the deceased, the claimant's dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 17, the compensation was worked out to Rs. 1,70,000/-. By awarding further sum of Rs. 7,000/- under other heads, the Tribunal awarded a total sum of Rs. 1,77,000/- as compensation to the claimants for the death of deceased Shivaram in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,77,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. The Tribunal apportioned the above amount of compensation of Rs. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,77,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. The Tribunal apportioned the above amount of compensation of Rs. 1,77,000/- in equal ratio of 50: 50 between the widow and daughter on one hand and the parents on the other hand. 6. Shri N.K. Mehta, learned Counsel for the Appellants in both the appeals submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at,Rs. 15,000/-per annum only; and in awarding low compensation of Rs. 1,71,000/- only. 7. Shri A.K. Athaley, learned Counsel for Respondent No. 3, the Oriental Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs. 1,77,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now we shall examine as to whether the compensation of Rs. 1,77,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10. True, the claimants pleaded that deceased Shivaram used to earn Rs. 4,500/- per month as driver, No. reliable and clinching evidence was led before the Tribunal to establish that the deceased was a driver by occupation and he had income to the extent of Rs. 4,500/- per month. Even the employer of the deceased was not examined before the Tribunal by the claimants. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 11. Nevertheless, the income of the deceased assessed by the Tribunal at Rs. 15,000/- per annum in the year 2002 is certainly on the lower side and requires reconsideration. 12. Considering that deceased Shivaram, on the date of the accident, was aged about 30 years, we are of the opinion that he could have easily earned Rs. 11. Nevertheless, the income of the deceased assessed by the Tribunal at Rs. 15,000/- per annum in the year 2002 is certainly on the lower side and requires reconsideration. 12. Considering that deceased Shivaram, on the date of the accident, was aged about 30 years, we are of the opinion that he could have easily earned Rs. 70-75/- per day in the year 2002 even by working as an unskilled labour. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs. 2,000/- per month and Rs. 24,000/- per annum. 13. By deducting the usual l/3rd of Rs. 24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs. 16,000/- per annum. 14. Considering the age of the deceased, his widow, their daughter and parents of the deceased we are of the opinion that multiplier of 16 would be appropriate in the present case. 15. By multiplying the annual dependency of Rs. 16,000/- with the multiplier of 16 the compensation works out to Rs. 2,56,000/-. The claimants are further entitled to receive Rs. 5,000/- towards funeral expenses; Rs. 5,000/-for loss of estate; and Rs. 5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs. 2,71,000/- as compensation for the death of deceased Shivaram in the motor accident. 16. Learned Counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal 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. 17. 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 the 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. 94,000/- at Rs. 11,000/-. 18. 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 the 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. 94,000/- at Rs. 11,000/-. 18. Considering that the parents of the deceased were aged about 60 years and 50 years on the date of the accident and the widow and daughter of the deceased were only 25 years and 6 years of age, we direct that the entire enhanced amount of compensation in this appeal and the amount of interest shall be payable to Smt. Dharambai and Ku. Asha, widow and daughter of deceased Shivaram and the parents of the deceased i.e. Dasai Ram and Balmati shall not be entitled to get any share from the enhanced amount of compensation and the interest thereon. 19. For the foregoing reasons, both the appeals i.e. M.A. Nos. 796/2005 and 843/2005 filed by the Appellants/ claimants for enhancement of the compensation are allowed in part. The compensation of Rs. 1,77,000/- awarded by the Tribunal is enhanced to Rs. 2,71,000/- with further quantified amount of interest of Rs. 11,000/- on the enhanced amount of compensation of Rs. 94,000/-. 20. Respondent No. 3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs. 1,05,000/- (Rs. 94,000/-towards enhanced amount of compensation + Rs. 11,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 94,000/-) before the concerning Claims Tribunal. 21. The entire amount of Rs. 1,05,000/- now payable by Respondent No. 3 the Oriental Insurance Company Limited, shall be payable to Appellants Smt. Dharambai and Ku. Asha, the Appellants in M.A. No. 843/2005. 22. No order as to costs.