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2013 DIGILAW 201 (CHH)

REKHA NETAM v. GOPIRAM PATEL

2013-07-05

N.K.Agarwal

body2013
JUDGMENT 1. With the consent of the parties, the matter is taken up for hearing finally. 2. This is claimants' appeal seeking enhancement of compensation awarded by the IVth Motor Accident Claims Tribunal, Bilaspur (for short the Tribunal) passed in Claim Case No. 183/2011 vide its award dated 22.09.2012. 3. As against the compensation of Rs.46,50,000/- claimed by unfortunate widow and parents of deceased Pradeep Netam, aged about 32 years, by filing claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for his death in the motor accident on 03.01.2011, the Tribunal awarded a total sum of Rs. 9,40,804/- to the claimants along with interest @ 6% per annum from the date of filing of claim petition till its actual payment. 4. The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of Pick-up (offending vehicle) bearing registration No. C.G. 07-C./2382 by its driver i.e. respondent No.1 Gopiram Patel; Pradeep Netam died on account of the injuries sustained by him in the said accident; respondent No.3/Oriental Insurance Company Limited liable for payment of compensation as it could not establish violation of policy conditions; arid assessed and awarded aforementioned sum as compensation. 5. Shri Goutam Khetrapal, learned counsel appearing for the appellants/ claimants would submit, deceased was a government employee i.e. Patwari woking at village Podi, Tahsil Takhatpur and was getting gross salary of Rs. 12,500/- per month and Rs.l,50,000/- per annum, however, the Tribunal has erred in taking into consideration salary of the deceased as Rs.7,330/- per month by deducting remaining amount on account of compassionate appointment given to appellant No.1 i.e. widow of deceased and thereby in awarding a low amount of compensation of Rs.9,40,804/-. 6. On the other hand, learned counsel appearing for the respondent No.3/Oriental Insurance Company Limited supported the award impugned and submitted that after considering the compassionate appointment given to appellant No.1, the Tribunal has rightly assessed the income of the deceased as Rs.7,330/- per month for the purpose of computation of compensation and the compensation awarded by the Tribunal is just and proper compensation, in the facts' & circumstances of the case, which does not call for any interference. 7. I have heard learned counsel for the parties and perused the material available on record including impugned award. 8. 7. I have heard learned counsel for the parties and perused the material available on record including impugned award. 8. Indisputably, the gross salary of the deceased was Rs. 12,500/- per month and Rs. 1,50,000/- per annum. It is also not in dispute that gross salary of the deceased was required to be taken into consideration for the purpose of assessment of compensation in view of judgment of Supreme the Court in case of National Insurance Co. Ltd. Vs. Indira Shrivastava and others, (2008) 2 SCC 763 9. The core question therefore arises for determination of this Court is whether or not the Tribunal has erred in deducting 62,040/- from the annual salary of the deceased on account of compassionate appointment given to appellant No.1. 10. Admittedly, a scheme for "compassionate appointment" has been I framed by the State Government. According to scheme, in case, employee dies in harness i.e. while in service leaving behind the dependents, one of the dependents may request for compassionate appointment to maintain the family of the deceased/employee dies in harnesss. This cannot be stated to be an , advantage receivable by the heirs on account of one's death and have no correlation with the amount receivable under a statute occasioned on account of accidental death. Under above scheme, an employee dies in harness even in normal course, due to illness and to maintain the family of the deceased one of the dependents may be entitled for compassionate appointment but that cannot be termed as "Pecuniary Advantage" that comes under the periphery of Motor Vehicles Act and any amount received on such appointment is not liable for deduction for determination of compensation under the Motor Vehicles Act. (Please see Vimal Kanwar & Ors. Vs. Kishore Dan & Other, ACC 2013 Part VI page 752) 11. Thus, the Tribunal has certainly erred in deducting Rs.62,040/- from the annual income of the deceased on account of compassionate appointment given to appellant No.1 and the same is not sustainable in law. Therefore, I propose to recomputed the amount of compensation by taking into consideration the gross salary of the deceased as Rs.1,50,000/- per annum for the purpose of computation of compensation. 12. After deducting 1/3rd of annual gross salary of the deceased towards his personal expenses, claimants' annual dependency would be Rs.l,00,000/-. Therefore, I propose to recomputed the amount of compensation by taking into consideration the gross salary of the deceased as Rs.1,50,000/- per annum for the purpose of computation of compensation. 12. After deducting 1/3rd of annual gross salary of the deceased towards his personal expenses, claimants' annual dependency would be Rs.l,00,000/-. By multiplying the claimants' annual dependency of Rs.l ,00,000/- with the multiplier of 16 as applied by the Tribunal, the amount of compensation towards loss of dependency would be Rs. 16,00,000/-. The claimants are further entitled for Rs. 15,000/- on other heads (Rs. 5,000/- each on account of funeral expenses, loss of consortium and loss of estate), and thus the claimants are entitled for a total sum of Rs. 16,15,000/- as compensation instead of Rs. 9,40,804/- as awarded by the Tribunal. 13. For the foregoing reasons, the appeal filed by the claimants for enhancement of compensation is allowed in part. The total compensation of Rs. 9,40,804/- awarded by the Tribunal is enhanced to Rs. 16,15,000/-. The claimants are further entitled to receive Rs.6,74,196/- over and above the amount awarded by the Tribunal. Enhanced amount ofRs.6,74,196/- shall carry interest @ 6% per annum from the date of filing of claim petition till its actual payments. Award is modified to the above extent. Rest of the conditions mentioned in the award shall remain intact. 14. The respondent No.3/Oriental Insurance Company Ltd. is granted two months' time to deposit enhanced amount of compensation of Rs.6,74,196/- along with interest before the concerned Tribunal. No order as to costs. Appeal Allowed.