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2012 DIGILAW 20 (CHH)

RAMESHWARI YADAV v. ROHIT KUMAR

2012-01-11

RAJEEV GUPTA, RANGNATH CHANDRAKAR

body2012
ORDER As per Hon'ble Shri Rajeev Gupta, J. 1. This is claimants' appeal for enhancement of the compensation awarded by the 12th Additional Motor Accident Claims Tribunal. Durg (for short 'the Tribunal') vide award dated 05.04.2007, passed in Claim Case No.133/2006. 2. As against the compensation of Rs.24,37,016/-, claimed by the appellants/claimants, unfortunate widow, minor children and parents of deceased Narsingh Yadav by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 10.11.2004, the Tribunal awarded. a total sum or Rs.5,01,600/- as compensation to the claimant 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 Narsingh Yadav died on account of the injuries sustained by him in the motor accident on 10.11.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. CG 08 B 0302; as the above offending vehicle Truck 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 the compensation to the claimants. 4. As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award, the above findings recorded by the Tribunal, have now attained finality. 5. The Tribunal assessed the income of the deceased at Rs.4,912/- per month. By deducting 1/3rd of Rs4,912/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.3,275/- per month and Rs.39,300/- per annum. By multiplying the annual dependency of Rs.39,300/-with the multiplier of 12, the compensation was worked out to Rs.4,71,600/-. By awarding further sum of Rs.30,000/- under other heads, the Tribunal awarded a total sum of Rs.5,01,600/- as compensation to the claimants for the death of deceased Narsingh Yadav in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.5,01,600/- @ 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.5,01,600/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6. Shri PR Patankar, learned counsel for the appellants submitted that, though the Tribunal has rightly assessed the income of the deceased at Rs.4,912/ - per month; the claimants' dependency at Rs.3,275/- and Rs.39,300/- per annum, it has erred in selecting the lower multiplier of 12 and in awarding low compensation of Rs.5,01,600/- only. 7. Shri Ashish Beck, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand supported the award and contended that the compensation of Rs.5,01,600/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8. Shri MK Bhaduri, learned counsel for respondent No.1 Rohit Kumar, the driver of the offending vehicle Truck also supported the award. 9. As learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.4,912/- per month; the claimants' dependency at Rs.3,275/- per month and Rs.39,300/- per annum, we have not examined these aspects of the matter. 10. Deceased Narsingh Yadav was shown to be 35 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 multiplier of 16 for the age group between 31-35 years. The Tribunal, apparently has fallen into error in selecting the lower multiplier of 12 in place of 16. In our opinion, multiplier of 16 would be appropriate in the present case. 11. By multiplying the annual dependency of Rs.39,300/- with the multiplier of 16, the compensation works out to Rs.6,28,800/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of consortium to the widow; and Rs.5,000/- for loss of estate. The claimants, thus become entitled to receive a total sum of Rs.6,43,800/- as compensation for the death of deceased Narsingh Yadav in the motor accident. 12. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of consortium to the widow; and Rs.5,000/- for loss of estate. The claimants, thus become entitled to receive a total sum of Rs.6,43,800/- as compensation for the death of deceased Narsingh Yadav in the motor accident. 12. Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties 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. 13. 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.l,42,200/- at Rs.17,800/-. 14. For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.5,01,600/- awarded by the Tribunal is enhanced to Rs.6,43,800/- with further quantified amount of interest of Rs.17,800/- on the enhanced amount of compensation of Rs.l,42,200/-. 15. Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.l,60,000/- (Rupees one lakh sixty thousand only) (Rs.l,42,200/- towards enhanced amount of compensation + Rs.17,800/- towards quantified amount of interest on the enhanced amount of compensation of Rs.l,42,200/-) before the concerning Claims Tribunal. 16. No order as to costs. Appeal Allowed.