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2012 DIGILAW 400 (RAJ)

Amarjit Kaur v. Prem Kishan

2012-02-10

DINESH MAHESHWARI

body2012
JUDGMENT 1. - This miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act of 1988') by the claim ants-appellants is directed against the award dated 16.12.1998 as made in Claim Case No. 33/1997 by the Motor Accident Claims Tribunal, Abu Road ('the Tribunal'). 2. By the award impugned the Tribunal has awarded to the claimants-appellants an amount of Rs. 1,53,800/- together with interest @ 12% per annum from the date of filing of the claim application for compensation on account of death of the vehicular accident victim Balwant Singh, husband of the appellant No. 1 and father of the appellant Nos-2 to 4. 3. The claimants-appellants submit that the amount awarded by the Tribunal is much on the lower side and needs to be enhanced. 4. The only question arising for consideration in this appeal being the quantum of just compensation, dilatation on all the background aspects does not appear necessary. Suffice is to notice for the present purpose that on 20.04.1996 the accident victim Balwant Singh, while driving the truck bearing registration No. RJ 20 G-508, sustained injuries on being hit by the oncoming truck bearing registration No. RPA 1111; and he expired on the spot due to such injuries. The Tribunal has found that the accident occurred for rash and negligent driving of the said truck bearing registration No. RPA 1111; and has held the persons related with this truck the non-applicants Nos. 1 to 3, liable for compensation. 5. On quantification the Tribunal has taken the age of the deceased at about 46 years with reference to the contents of the elector's photo identity card. The Tribunal has observed that though the claimants asserted his income at about Rs. 3,000/- per month but neither the employer of the deceased was examined in evidence nor any documentary proof was produced towards such income. The Tribunal has, however, found that the deceased was the licence holder for driving a heavy vehicle and considered it proper to take his income at Rs. 2,500/- per month: and after deducting Rs. 800/- on his personal expenditure, has assessed the pecuniary loss of the claimants at Rs. 1,700/- per month: and with application of the multiplier of 7, has awarded an amount of Rs. 1,42,800/- towards pecuniary loss. The Tribunal has further awarded to the claimant No.1 an amount of Rs. 2,500/- per month: and after deducting Rs. 800/- on his personal expenditure, has assessed the pecuniary loss of the claimants at Rs. 1,700/- per month: and with application of the multiplier of 7, has awarded an amount of Rs. 1,42,800/- towards pecuniary loss. The Tribunal has further awarded to the claimant No.1 an amount of Rs. 5,000/- towards loss of consortium and to the claimants Nos.2 to 4 a sum of Rs. 6,000/- towards loss of love and affection and in this manner, has made the award in the sum of Rs. 1,53,800/-. 6. The learned counsel for the appellants has strenuously argued for enhancement of compensation in this case with the submissions that the amount awarded by the Tribunal on the facts and in the circumstances of the case, remains much on the lower side and is not that of just compensation. On the other hand, the learned counsel for the contesting respondent has duly supported the award impugned. 7. Having given a thoughtful consideration to the submissions made and having examined the record, this Court is of the view that the amount of compensation as awarded by the Tribunal remains rather on the lower side and calls for suitable enhancement. 8. In this nature cases, of course, no fixed or static formula is available for determining compensation under the Act of 1988: and the same is required to be determined taking into account the law laid down by the Hon'ble Supreme Court for these type of cases and on the basis of relevant factors and circumstances. 9. The age of the victim Balwant Singh has been taken as 46 years on the basis of the photo identity card. The Tribunal has assessed the pecuniary loss after takings the income of the deceased at Rs. 2,500/- per month and loss of dependency at Rs. 1,700/- per month with application of a multiplier of 7 only. The victim was holding the licence for driving a heavy vehicle and was engaged as a driver on the truck. In fact, he sustained fatal injuries only while driving the truck. The claimants have asserted that the deceased was earning Rs. 3,000/- per month while working as a truck driver and there appears no reason not to accept his earning at least Rs. In fact, he sustained fatal injuries only while driving the truck. The claimants have asserted that the deceased was earning Rs. 3,000/- per month while working as a truck driver and there appears no reason not to accept his earning at least Rs. 3,000/- per month and in the overall circumstances, even if deduction of one-third on his personal expenditure is made, the loss dependency at Rs. 2,000/- per month and thereby Rs. 24,000/- per annum could be reasonably assessed in respect of the dependants, the wife and three minor children. Even if the age of the deceased is taken at 46 years, in the opinion of this Court, it would be proper to apply the multiplier of 13. Hence, the assessment of pecuniary loss in this case comes to Rs. 3,12,000 (2000 x 12 x 13); and while retaining the amount of Rs. 11,000/- towards general damages as awarded by the Tribunal, the claimants are held entitled to a total compensation in the sum of Rs. 3,23,000/-. 10. The Tribunal has awarded in this case an amount of Rs. 1,53,800/- to the claimants-appellants. In view of the foregoing, the claimants are held entitled to further an amount of Rs. 1,69,200/- ( Rs. 3,23,000 - Rs. 1,53,800). This Court is of the view that the enhancement of the award amount by this sum of Rs. 1,69,200/- and allowing the same to the claimants together with interest at the rate of 7.5% per annum from the date of filing of the claim application shall serve the cause of justice: and the resultant amount to be received by the claimants-appellants would be that of just and reasonable compensation. 11. Accordingly and in view of the above, this appeal succeeds and is partly allowed, the impugned award dated 16.12.1998 is modified to the extent indicated above. The claimants-appellants shall be entitled towards compensation another amount of Rs. 1,69,200/- together with interest at the rate of 7.5%, per annum from the date of filing of the claim application. 12. The respondents shall deposit the enhanced amount of compensation within 30 days from today with the Tribunal who shall carry out apportionment and disbursement in the manner and proportion as contemplated in the award impugned. There shall be no order as to costs of this appeal.Appeal allowed. *******