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2013 DIGILAW 18 (JK)

Sumitra Devi & Ors. v. Oriental Insurance Company & anr.

2013-01-03

MANSOOR AHMAD MIR

body2013
1. This Civil 1st Miscellaneous Appeal is directed against the judgment and award dated 09.05.2003 passed by the Motor Accidents Claims Tribunal, Doda, in File No.303/claim, titled as, Sumitra Devi & others vs Oriental Insurance Company & another, whereby an award of Rs.3,11,000/- along with 9% interest came to be awarded in favour of appellants-claimants and against the insurer-insurance company from the date of filing of the claim petition till its realization (for short, impugned award), on the grounds taken in the memo of appeals. 2. The only controversy involved in this appeal is about the adequacy of compensation. 3. Mr. Chouhan has frankly conceded that the insurer has not questioned the impugned award on any count. 4. The facts in brief are that on 22.11.2000 the deceased, namely, Swami Raj, was traveling in a Car, bearing registration No.DL7C/0284, from Kahara to Bhadarwah and when it reached at Naseeb Nagar near Thathri, the same met with an accident due to the rash and negligent driving of its driver, as a result of which deceased sustained grievous injuries and succumbed to the same on spot. He was 56 years of age at the time of accident and was serving a Master in the Education Department. At the time of his death, he was getting a monthly salary of Rs.12419/-. Claimants being the legal heirs and dependants on the deceased filed a claim petition before the learned Tribunal claiming compensation. 5. Insurer as well as owner/insured did not appear despite service and exparte proceedings were drawn against them. 6. Appellants-claimants examined PWs Riaz Ahmed, Dalip Kumar and Himat, besides Rajinder Singh, one of the claimants, also appeared in the witness box in support of the case. Claimants also produced on record certified copies of FIR, postmortem report, final report filed by the police under section 173 of Code of Criminal Procedure and the death certificate. They also placed on the record of the Tribunal the Last Pay Drawn Certificate of the deceased. 7. Learned Tribunal after examining the record held that the accident was the result of rash and negligent driving of the driver of the offending vehicle, as a result of which the deceased, who was traveling in the said vehicle, sustained injuries and succumbed to the same. 7. Learned Tribunal after examining the record held that the accident was the result of rash and negligent driving of the driver of the offending vehicle, as a result of which the deceased, who was traveling in the said vehicle, sustained injuries and succumbed to the same. Further, it was held that the deceased was a Government employee and was getting Rs.12419/- as monthly salary at the time of his death. Salary Certificate stands proved. 8. After going through the evidence recorded and the documents on the file, the learned Tribunal while holding the claimants to be entitled for compensation, awarded a sum of Rs.3,11,000/- in their favour with 9% interest from the date of filing of the claim petition till its realization. 9. Being not satisfied with the awarded amount, the appellants-claimants have filed the instant appeal seeking enhancement of compensation. 10. I have gone through the evidence recorded by the Tribunal and the documents on the file. 11. Admittedly, deceased was 56 years of age at the time of accident. The claimants have succeeded in proving that the deceased was getting Rs.12419/- as monthly salary at the time of his death. After deducting 1/3rd as his personal expenses, the rest of the amount in round figure would approximately come to rupees eight thousand. Thus, the claimants have lost source of dependency to the tune of Rs.8000/- per month (Rs.96,000/- per annum). Therefore, the Tribunal has fallen in error in holding that the claimants have lost source of dependency only to the tune of Rs.38000/- per annum. The Tribunal has applied multiplier 8, which appears to be on higher side. While keeping in view the age of deceased as well as the age of claimants, I deem it proper to hold that multiplier 6 would be just and proper. Further, the Tribunal has wrongly granted interest at the rate of 9% and the same is reduced to 6%. Therefore, taking into consideration the facts and circumstances of the case coupled with the documentary evidence placed on record, the claimants would be entitled to a compensation of Rs.5,76,000/- (96000 × 6). The Tribunal has rightly awarded Rs.5000/- under the head loss of consortium to widow and Rs.2000/- under the head funeral expenses. Thus, the claimants are entitled to a total compensation of Rs.5,83,000/- with 6% interest from the date of filing of the claim petition till its final realization. 12. The Tribunal has rightly awarded Rs.5000/- under the head loss of consortium to widow and Rs.2000/- under the head funeral expenses. Thus, the claimants are entitled to a total compensation of Rs.5,83,000/- with 6% interest from the date of filing of the claim petition till its final realization. 12. Having glance of the above discussion, the appeal is allowed. Claimants are held entitled to a compensation of Rs.5,83,000/- with 6% interest from the date of filing of the claim petition till its final realization. Accordingly, insurer-respondent no.1 to deposit the enhanced amount in the Registry within a period of six weeks from today, thereafter the same be released in favour of appellants-claimants strictly in terms of the conditions as contained in the impugned award after proper verification and identification. 13. Impugned award is, accordingly, modified and appeal stands disposed of along with all connected CMAs.