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Madhya Pradesh High Court · body

2012 DIGILAW 583 (MP)

Sumitra Bai Dhakad v. Rashid Khan

2012-06-21

J.K.MAHESHWARI

body2012
ORDER 1. Assailing the award dated 18.2.2011 passed by the First Additional Member, Motor Accident Claims Tribunal, Guna in Claim Case No.69/2010 on the point of inadequacy of the compensation, the appellants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988. 2. The appellants had filed the claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.15,55,000/- on account of death of deceased Ashok in an accident took place on 14.12.2009. It was pleaded by the claimants i.e. widow, kids, and mother that the sole bread earner of the family has died in the accident having his earning from the work of mason, however, the compensation as prayed in the claim petition may be awarded. 3. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.5,00,000/-, out of which in loss of dependency Rs.4,80,000/- accepting the earning of the deceased Rs.3,750/- per month, applying the multiplier of 16 and after deducting 1/3rd towards personal expenses. The Tribunal has also awarded some amount in conventional heads i.e. funeral Rs.10,000/- by the impugned award. 4. As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal and none of those findings have been assailed at the instance of the respondents i.e. owner, driver or insurance company by filing the cross-appeal or the cross-objection, however, it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however, the arguments in details have been considered in succeeding paragraphs. 5. Shri Rishikesh Bohare, learned counsel representing the appellants contends that due to the said accident of Ashok has died, who was the sole bread earner of the family. The compensation awarded by the Tribunal is inadequate, because the earning has not been duly assessed and the multiplier has also not been properly applied for, while determining the loss of dependency. In conventional heads i.e. funeral, consortium, love and affection, loss of estate the amount as awarded is on lower side and deserves enhancement. The compensation awarded by the Tribunal is inadequate, because the earning has not been duly assessed and the multiplier has also not been properly applied for, while determining the loss of dependency. In conventional heads i.e. funeral, consortium, love and affection, loss of estate the amount as awarded is on lower side and deserves enhancement. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for. 6. On the other hand Shri N.S. Tomar, learned counsel representing the respondent/Insurance Company contends in support of the findings of the Claims Tribunal and submitted that the compensation as awarded by the impugned award appears to be just and reasonable, however, interference by this Court for enhancement of the compensation is not warranted. 7. After having heard learned counsel appearing for the parties and on perusal of the pleadings and the evidence so adduced, it appears that the determination of the earning has not duly been done. The multiplier as applied is also on lower side. In conventional heads i.e. funeral, consortium, love and affection, loss of estate, the amount awarded is on lower side. Thus, after hearing and on due deliberations and also on consideration of the totality of the facts and circumstances, in the opinion of this Court, the amount of compensation as awarded by the Claims Tribunal is liable to be enhanced by Rs.65,000/- in lump sum thereby making the total compensation Rs.5,65,000/- which shall be payable along with the interest from the date of filing of the claim petition. 8. In view of the forgoing discussions, the appeal succeeds and is hereby allowed in part. The appellants are held entitled to receive the enhanced amount of Rs.65,000/- in addition to the amount of compensation already awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 7.5% per annum from the date of filing of claim petition till its realization. It is made clear here that in the present case on the enhanced amount court-fees is leviable, however, after payment of the court-fees claimants would be entitled to get such amount. 9. Arising out of the same accident 31 claim cases have been filed. All have been decided granting compensation of the claimants. The liability of the insurance company is confined to the 28 claim cases. 9. Arising out of the same accident 31 claim cases have been filed. All have been decided granting compensation of the claimants. The liability of the insurance company is confined to the 28 claim cases. However, whatever highest amount of the compensation would be payable, it be paid by the insurance company upto the extent of 28 cases. In the facts of the case, parties are directed to bear their own costs.