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2012 DIGILAW 135 (CHH)

FARIDA KHATUN v. VIKKI RAI

2012-05-08

RAJEEV GUPTA, RANGNATH CHANDRAKAR

body2012
ORDER Rajeev Gupta, C.J 1. This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon, (for short 'the Tribunal') vide award dated 23.02.2008, passed in Claim Case No.84/2007. 2. As against the compensation of Rs.23,60,000/- claimed by the appellants/ claimants, unfortunate widow, minor son and parents of deceased Anwar Khan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.12.2006, the Tribunal awarded a total sum of Rs.3,93,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3. The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Anwar Khan died on account of the injuries sustained by him in the motor accident on 26.12.2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.12C/1210; as the above offending vehicle Truck, on the date of the accident, was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay the compensation to the claimants. 4. As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same now have attained finality. 5. The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 16, the compensation was worked out to Rs.3,84,000/-. By awarding further sum of Rs.9,500/- under other heads, the Tribunal awarded a total sum of Rs.3,93,500/- as compensation to the claimants for the death of deceased Anwar Khan in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,93,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,93,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6. Shri Goutam Khetrapal and Shri A.C. Sahu, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum and the claimants' dependency at Rs.24,000/- per annum, it has erred in selecting the lower multiplier of 16 and in awarding low sum of Rs.9,500/- only under other heads. 7. Shri Deepak Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.3,93,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8. As learned counsel for the appellants have not challenged the assessment of the income of the deceased by the Tribunal at Rs.3,000/- per month and Rs.36,000/- per annum; and the claimants' dependency at Rs.24,000/- per annum, we do not deem it necessary to examine these aspects of the matter. 9. Deceased Anwar Khan was shown to be 26 years of age in his postmortem report. The dictum of the Apex Court in the case of Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and another (2009) 6 SCC 121, prescribes the multiplier of 17 for the age group between 26-30 years. The Tribunal, therefore, has erred in selecting the lower multiplier of 16 in place of 17. We, therefore, propose to recompute the compensation by applying the multiplier of 17. 10. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 17 the compensation works out to Rs.4,08,000/-. 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.4,23,000/- as compensation for the death of deceased Anwar Khan in the motor accident. 11. The claimants are further awarded a sum of Rs.3,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.29,500/-. 12. For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. 11. The claimants are further awarded a sum of Rs.3,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.29,500/-. 12. For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.3,93,500/- awarded by the Tribunal is enhanced to Rs.4,23,000/- with further quantified amount of interest of Rs.3,500/- on the enhanced amount of compensation of Rs.29,500/-. 13. Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.33,000/- (Rupees thirty three thousand only) (Rs.29,500/- towards enhanced amount of compensation + Rs.3,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.29,500/-) before the concerning Claims Tribunal. 14. No order as to costs. Appeal Partly Allowed.