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2013 DIGILAW 310 (RAJ)

Usha Mathur v. Prem Shanker

2013-02-06

SANDEEP MEHTA

body2013
Hon'ble MEHTA, J.—The instant appeal is directed the judgment cum award dated 4.7.2006 passed by the learned Additional Sessions Judge (Fast Track) No. 6 (Motor Accident Claims Tribunal), Udaipur in MAC No. 717/2005 (149/2004) seeking enhancement in the amount of compensation awarded by the learned Tribunal to the appellants, the legal representatives of Lalit Kumar, who met with an unfortunate untimely death in a vehicular accident. 2. Facts in brief are that on 23.4.2003 at about 6 O'Clock in the morning, the victim Lalit Kumar whilst going on his Hero Puck Moped bearing registration No. RJ 19.6M.7698 was mowed down by a bus bearing registration No. RJ 27.P.4901 being driven by its driver rashly and negligently and on the wrong side of the road. Lalit Kumar received severe injuries in the accident and was hospitalised. Ultimately, he passed away on 10.5.2003. A claim application was filed by the appellants claimants the legal heirs of the deceased before the Tribunal. Nobody put in appearance on behalf of the owner cum driver of the offending bus despite service of summons. The insurer of the bus i.e. United India Insurance Co. Ltd. filed a reply to the claim petition and took the usual defences. 3. The learned Tribunal framed the following issues for consideration: ¼1½ vk;k fnukad 23-4-2003 dks foi{kh la[;k 2 Jh izse'kadj ds }kjk okgu la[;k vkjts 27-ih-4901 dks xQyr o ykijokgh ls pykus ds dkj.k Jh yfyr nq?kZVukxzLr gqvk vkSj mlds 'kjhj ij lk/kkj.k o xaHkhj pksVsa igqaph] ftlds dkj.k Jh yfyr dh e`R;q dkfjr gqbZ\ ¼2½ vk;k izkFkhZ Dyse esa crkbZ xbZ jkf'k :i;k 44]51]000@- :i;k vU; dksbZ jkf'k izfrdj esa foi{khx.k ls ikus dk vf/kdkjh gS] ;fn gkW rks fdruh o fdl fdl ls fdl dnj\ ¼3½ vk;k foi{kh chek dEiuh }kjk tokc esa mBkbZ xbZ vkifRr;ksa ds vk/kkj ij mldk dksbZ nkf;Ro ugha gS\ ¼4½ nknjlh\ 4. At the time of the accident, the deceased Lalit Kumar was 56 years of age. As per the case set up by the claimants, he was involved in the business of distribution of law books and journals and was earning a sum of Rs. 20,000/- per month therefrom. 5. The learned Tribunal, on the basis of the evidence led before it, worked out the following calculations for evaluating the compensation awardable to the claimants. Compensation claimed Rs. 20,000/- per month therefrom. 5. The learned Tribunal, on the basis of the evidence led before it, worked out the following calculations for evaluating the compensation awardable to the claimants. Compensation claimed Rs. 44,51,000/- Age of the deceased 56 years Monthly income of the deceased by doing the job of distribution of law books and journals Rs. 10,000/- Finding of learned Tribunal regarding dependency of the claimants after making 1/3rd deduction towards personal needs and necessity Rs. 80,400/- per annum i.e. Rs. 6700/- per month Multiplier applied 5 Funeral Expenses Rs. 2000/- Loss of consortium to wife Rs. 10,000/- Loss of love and affection to the three children Rs. 5,000/- each Loss of estate None Total compensation awarded Rs. 4,36,300/- 6. The learned Tribunal awarded interest @ 6% on the awarded amount from the date of filing of the claim petition. 7. Being aggrieved of the above judgment cum award, the claimants have approached this Court by way of this appeal seeking enhancement in the awarded compensation. 8. Shri Kailash Trivedi learned counsel appearing for the appellants claimants submitted that the compensation awarded to the appellants is grossly inadequate and deserves to be enhanced appropriately. He submits that even if the assessment of the income of the deceased by the Tribunal at Rs. 10,000/- per month is accepted, then also, the appropriate criterion for arriving at the compensation were not applied in the case. 9. Per contra, Shri Manoj Bhandari learned counsel appearing for the respondent insurance company vehemently opposed the submissions advanced by the learned counsel for the appellant. 10. I have given my thoughtful consideration to the arguments advanced at the Bar and have gone through the impugned judgment. 11. In the opinion of this Court, the learned Tribunal committed errors on the following counts in assessing the compensation to which the appellants are entitled:- (1) The compensation awarded to the appellant No.1 towards loss of consortium is grossly inadequate and the same deserves to be enhanced. (2) The award for loss of love and affection to three children of the deceased is also inappropriate and the same deserves to be enhanced. (3) The funeral expenses awarded are inadequate. (4) No compensation was awarded towards loss of estate. The moped of the deceased Lalit Kumar got damaged in the accident, therefore, appropriate amount deserves to be awarded for the same. (3) The funeral expenses awarded are inadequate. (4) No compensation was awarded towards loss of estate. The moped of the deceased Lalit Kumar got damaged in the accident, therefore, appropriate amount deserves to be awarded for the same. (5) The multiplier of 5 as applied by the learned Tribunal is inappropriate in view of the table proposed by the Hon'ble Supreme Court in Sarla Verma vs. Delhi Transport Corporation reported in AIR 2009 SC 3104 . The multiplier to be applied in cases where the victim's age is in the group between 55 to 60 years would be 9 and not 5 as applied by the Tribunal. 12. Thus, in view of what has been discussed above the following calculations and computations deserve to be approved for assessing the quantum of compensation awardable to the Claimants Appellants:- Total Annual income of the deceased Rs.10,000/- x 12 Rs. 1,20,000/- 30% Deduction towards personal needs and expenditure Rs. 36,000/- Rs. 84,000/- Multiplier to be applied as per the principles laid down by Hon'ble Supreme Court in the case of Sarla Verma (supra) @ 9 Rs. 7,56,000/- Loss of love and affection and consortium to wife Rs. 40,000/- Rs. 7,96,000/- Loss of love and affection to three children Rs. 10,000/- each i.e. Rs. 30,000/- Rs. 8,26,000/- Funeral Expenses Rs. 3000/- Rs. 8,29,000/- Loss of estate Rs. 2000/- Rs. 8,31,000/- Total compensation Rs. 8,31,000/- 13. The payment of the original awarded amount shall be made in terms of the order passed by the learned Tribunal, whereas on the enhanced amount, the claimants shall be entitled to an interest @ 7.5% per annum from the date of filing of the claim petition. 14. The learned Tribunal shall be at discretion to disburse the awarded amount in appropriate proportions of cash and Fixed Deposits in its wisdom looking to the facts and circumstances of the case. 15. Any amount already paid by the insurance company under Section 140 and/or proviso to Section 173 or any other amount, shall be adjusted towards the amount finally awarded by this Court. 16. Accordingly, the appeal filed by the claimants is partly allowed as aforesaid. 17. There shall be no order as to costs. Record of the learned Tribunal be sent forthwith.