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2012 DIGILAW 275 (CHH)

SAVITA BAI v. GOVIND DHIMAR

2012-10-17

N.K.AGARWAL

body2012
ORAL AWARD 1. This is claimant's appeal seeking enhancement of compensation, awarded by the 1st Additional Member, Motor Accidents Claims Tribunal, Kanker (for short 'the Tribunal') in Claim case No. 90/2002 vide award dated 30.06.2003. 2. As against compensation of Rs. 4,69,000/- claimed by the unfortunate widow and minor son of deceased - Shankar Lal Baghel by filing claim application under Section 166 of the Motor Vehicles Act, 1988 for his death in the motor accident on 09.06.2002, the Tribunal awarded a total sum of Rs. l,85,800/- as compensation along with interest. 3. The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of Truck/Tipper bearing registration No. M.P. 18/6331 by its driver - Govind Dhimar, i.e. respondent No. 1 herein; Shankar Lal Baghel died on account of injuries sustained by him in the said accident; respondent No. 3/the New India Insurance Company Limited liable for payment of compensation as it could not establish violation of policy conditions; assessed and awarded the aforesaid sum as compensation. 4. Smt. Renu Kochar, learned counsel appearing for the appellants, would submit: the deceased was aged about 30 years at the time of accident, and therefore, the Tribunal has fallen in error in applying the multiplier of 12 in place of 17. It was further contended, the amount of compensation of Rs. 13,000/- awarded by the Tribunal on other heads is also somewhat on lower side. 5. On the other hand, Shri Dharmesh Shrivastava and Shri Shree Kumar Agrawal, learned Sr. Advocate with Shri Anand Kumar Gupta, counsel appearing for respondents supported the award impugned and submitted that in the facts and circumstances of the case, the amount of compensation awarded by the Tribunal is just and proper compensation, which does not call for any interference. 6. I have heard learned counsel for the parties and have perused the award impugned. 7. The Tribunal, on the basis of evidence adduced in the case, has assessed the income of deceased as Rs. 1800/- per month. After deducting 1/3rd of it towards his personal expenses, the Tribunal has assessed the claimants' annual dependency as Rs. 14,400/-. By multiplying the claimants' annual dependency of Rs. 14,400/- with the multiplier of 12, the Tribunal awarded the sum of Rs, 1,72,800/- on account of loss of dependency. The Tribunal further awarded Rs. 1800/- per month. After deducting 1/3rd of it towards his personal expenses, the Tribunal has assessed the claimants' annual dependency as Rs. 14,400/-. By multiplying the claimants' annual dependency of Rs. 14,400/- with the multiplier of 12, the Tribunal awarded the sum of Rs, 1,72,800/- on account of loss of dependency. The Tribunal further awarded Rs. 13,000/- on other heads and thus has awarded a total sum of Rs. 1,85,800/- to the appellants for the death of their bread earner - Shankar Lal Baghel. 8. Indisputably, deceased was aged about 30 years at the time of accident. The Supreme Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and another (2009) 6 SCC 121 has prescribed the multiplier of 17 for the age group between 26 to 30 years. Further, the amount of compensation of Rs. 13,000/- awarded by the Tribunal on other heads also appears to be somewhat on lower side. Therefore, I propose to re-compute the amount of compensation by taking into consideration the multiplier of 17 in place of 12 as selected by the Tribunal. 9. By multiplying the claimants' annual dependency of Rs. 14,400/- with the multiplier of 17, the amount of compensation on account of loss of dependency works out to Rs. 2,44,800/-. The claimants are further entitled to Rs. 20,000/- on other heads, i.e. Rs. 10,000/- towards loss of consortium, Rs. 5,000/- for funeral expenses and Rs. 5,000/- for loss of estate and thus the claimants would become entitled for Rs. 2,64,800/- as total compensation in place of Rs. 1,85,800/- awarded by the Tribunal. 10. For the reasons mentioned herein above, the appeal is allowed in part. The compensation of Rs. 1,85,800/- as awarded by the Tribunal is enhanced to Rs. 2,64,800/-. The appellants are further entitled to receive enhanced amount of compensation of Rs. 79,000/- over and above the amount awarded by the Tribunal. The enhanced amount of compensation shall carry interest @ 6% per annum from the date of claim application till its actual payment. The award is modified to the above extent. Rest of the conditions of the award shall remain intact. 11. The respondent No.3/the New India Insurance Company Limited is granted three months time to deposit the enhanced amount of compensation with interest before the concerned Claims Tribunal. 12. No order as to costs. Appeal Partly Allowed.