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Madhya Pradesh High Court · body

2012 DIGILAW 1285 (MP)

Ashabai v. Wasim

2012-12-13

N.K.MODY

body2012
ORDER 1. This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 7.5.2010 passed by MACT, Indore, in claim case No. 82/2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,22,000/- with interest to the claimants for the death of one Manish, who died in vehicle accident. According to claimamts, 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 respondent such as owner/driver or insurance company either by way of cross-appeal ar 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 30.3.2009 Manish, aged 27 years, met with a motor accident and died, giving rise to filing of claim petition by legal represnetatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs. 3,22,000/- breakup of which is as under:- Rs. 3,12,000/- Towards loss of dependency. Rs. 5,000/- Towards funeral expenses. Rs. 5,000/- Towards loss of estate. 4. Learned counsel for the appellants submit that the learned Tribunal assessed the income of the deceased @ Rs. 3,22,000/- breakup of which is as under:- Rs. 3,12,000/- Towards loss of dependency. Rs. 5,000/- Towards funeral expenses. Rs. 5,000/- Towards loss of estate. 4. Learned counsel for the appellants submit that the learned Tribunal assessed the income of the deceased @ Rs. 4,000/- per month and after deducting ½ towards personal expenses applied the multiplier of 13.It is submitted that the income assessed is on lower side as the deceased was Field Officer with Pragati Developer, from where he was getting salary of Rs. 7,000/- per month. It is submitted that apart from this deceased was agent of Maxima Neyok Insurance Company, from where the deceased was getting commission. It is submitted that in the relevant year Rs. 11,635/- was deducted on account of TDS which goes to show income of the deceased. It is submitted that the appeal filed by the appellants be allowed and the amount of compensation be enhanced. 5. Learned counsel for Insurance Company submits that the amount awarded by the learned Tribunal is just and proper and no case for enhancement is made out. It is submitted that the appeal be dismissed. 6. Keeping in view that appellant No. 2 is the father of the deceased, whose income has not been disclosed, it appears deduction of ½ is just and proper as deceased was bachelor. So far as, income is concerned, it is true that some sort of evidence is produced which goes to show that TDS was deducted in last two years. For the relevant year the deduction of Rs. 11,635/-, while in preceding year the income was Rs. 26,116/-. In facts and circumstances of the case, this Court is of the view that income ought to have been Rs. 4,500/- per month. In my opinion it will be proper to enhance the compensation by Rs. 96,000/-. 7. Thus, the appellants are entitled for a total sum of Rs. 4,18,000/- instead of Rs. 3,22,000/-. The enhanced amount of Rs. 96,000/- shall carry interest @ 8% p.a. from the date of application. 4,500/- per month. In my opinion it will be proper to enhance the compensation by Rs. 96,000/-. 7. Thus, the appellants are entitled for a total sum of Rs. 4,18,000/- instead of Rs. 3,22,000/-. The enhanced amount of Rs. 96,000/- shall carry interest @ 8% p.a. from the date of application. The amount awarded shall be deposited by the Insurance Company with the learned Tribunal and the learned Tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellant No. 2 in the nearest Nationalized Bank, in the area where the appellant No. 2 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. 2, which shall be opened by the appellant No. 2 from where appellant No. 2 can withdraw the amount as per her needs. Howener, on an application by the appellant No. 2 this condition could be modified by the learned Tribunal in exceptional circumstances, if made out by the appellant No. 2. This order shall be executable upon payment of proportionate court fees on the enhanced amount. The court fees be paid within 3 months from the date of this order. Registry to prepare memo of cost. The appellants counsel shall provide certified copy of memo of cost to the counsel for Insurance Company. The Insurance Company thereafter shall deposit the enhanced amount with costs with the Tribunal within one month from the date of receipt of memo of cost. Failure to comply with the aforesaid direction no interest would be payable on the enhanced amount from the date of order till the court fees is actually paid and memo of costs is supplied to counsel for Insurance Company. 8. With the aforesaid modification the appeal stands disposed of with costs.