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Madhya Pradesh High Court · body

2011 DIGILAW 972 (MP)

Pushpa v. Kamlabai

2011-08-23

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 20.1.2011, passed by MACT, Indore in claim case No. 44/08. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,90,000/- within interest to the claimants for the death of one Rameshwar Agrawal who died in 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 claimants' 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. Learned counsel for appellant submits that in a motor accident which took place on 15.2.2008, appellant No. lost her husband Rameshwar Agrawal who was aged 55 years. Learned Tribunal after assessing the income @ Rs. 2,000/- per month and after deducting l/4th towards personal expenses and applying the multiplier of 10, awarded a sum of Rs. 2,90,000/-, break up of which is as under : Rs.2,70,000/- towards loss of dependency Rs. 5,000/- towards funeral expenses Rs.5,000/- towards loss of estate Rs. 10.000/- towards loss of consortium Rs. 2.90.000/- total 4. Learned counsel submits that learned Tribunal has assessed the income of deceased on lower side as evidence was adduced according to which income of deceased was Rs. 8,000/- per month. It is submitted that appeal be allowed and amount awarded be enhanced. 5. Learned counsel for respondents No.3 submits that amount awarded is just and proper which requires no enhancement. Learned counsel submits that learned Tribunal has assessed the income of deceased on lower side as evidence was adduced according to which income of deceased was Rs. 8,000/- per month. It is submitted that appeal be allowed and amount awarded be enhanced. 5. Learned counsel for respondents No.3 submits that amount awarded is just and proper which requires no enhancement. 6. After taking into consideration all the facts and circumstances of the case, this Court is of the view that even if the evidence adduced by the appellant is disbelieved regarding income of the deceased, then too the income ought to have been taken as Rs. 3,300/- per month as per Collector rate. Similarly looking to the age of the deceased, multiplier of 11 ought to have been applied. In other heads also the amount awarded appears to be on lower side. In view of this, the appellants are entitled for the following amount :- Rs.3,27,000/- towards loss of dependency Rs.5,000/- towards funeral expenses Rs. 5,000/- towards loss of estate Rs. 5,000/- towards loss of consortium Rs. 15.000/- towards loss of love and affection Rs. 3.57.000 total 7. Thus, appellants shall be entitled for a sum of Rs. 3,57,000/- instead of Rs. 2.90,000/-. The enhanced amount of Rs. 67,000/- shall carry interest @ 8% from the date of application. The amount including costs shall be deposited by the Insurance Company with the learned Tribunal and the learned Tribunal is directed to invest 80% of the said amount (excluding costs) on long term fixed deposit in the name of appellant 1 in the nearest Nationalized Bank, in the area where appellant No. 1 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 appellant No.1 from where appellant No.1 can withdraw the amount as per her needs. However, on an application filed 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 the aforesaid modification, the appeal stands disposed of. No order as to costs.