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2014 DIGILAW 1422 (RAJ)

Kallash v. Ranjeet Kumar

2014-07-24

SANDEEP MEHTA

body2014
JUDGMENT 1. - The instant appeal for enhancement has been preferred by the appellants claimants against the judgment cum award dated 5.8.1999 passed by the learned Motor Accident Claims Tribunal, Rajsamand in M.A.C. No. 105/1998 whereby the claim application filed by the appellants-claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs. 30,92,000 on account of the death of Shri Bhagwan Singh was partly allowed and they were awarded compensation of Rs. 3,05,000.Facts in brief:- 2. A mini bus bearing Registration No. RJ29.P.0218 in which Bhagwan Singh was travelling collided with a truck bearing Registration No. RJV 5084 on 22.11.1994. Bhagwan Singh expired in the accident. The claimants appellants being the legal representatives of Shri Bhagwan Singh filed a claim application as mentioned above seeking total compensation of Rs. 30,92,000. 3. The Tribunal whilst deciding the claim application held that the driver of the mini Bus No. RJ29.P.0218 was responsible for causing the accident by rash and negligent driving. Accordingly, the driver of the mini bus namely Ranjeet Kumar, its owner M/s. Alcon Finance and Leasing Ltd. and its insurer the National Insurance Company Ltd. were held jointly and severally responsible to satisfy the award. 4. Since the findings recorded by the Tribunal on the issues regarding the negligence of the mini bus driver and responsibility of the respondents to satisfy the award have not been challenged, the same have become final. 5. The only issue which thus remains for consideration of this Court is as to whether the appellants are entitled to enhancement in the compensation awarded to them. 6. Shri R.S. Chundawat, learned Counsel appearing for the appellants has assailed the impugned award on two grounds. He urged that as per finding recorded by the Tribunal, the deceased was 28 years of age on the date of the accident. He contended that the Tribunal applied multiplier of only 12 whilst assessing the loss of income. As per him, in view of the table propounded by the Hon'ble Supreme Court in the case of Sarla Verma, the appropriate multiplier to be applied in reference to the age of the deceased would be 17. He further submitted that the compensation awarded by the Tribunal towards loss of consortium to the wife is on the lower side. As per him, in view of the table propounded by the Hon'ble Supreme Court in the case of Sarla Verma, the appropriate multiplier to be applied in reference to the age of the deceased would be 17. He further submitted that the compensation awarded by the Tribunal towards loss of consortium to the wife is on the lower side. The Tribunal erred In not awarding any compensation for loss of love and affection to the minor three sons and love, affection and service to the mother of the deceased. Thus he prayed that the award be enhanced appropriately. 7. Shri R.K. Singhal, learned Counsel for the respondent No. 3 Insurance Company was not in a position to controvert the submissions advanced by the learned Counsel for the appellants and admitted that the multiplier applied by the Tribunal is not in accordance with the table propounded by the Hon'ble Supreme Court in Sarla Verma's case (supra). 8. This Court is of the opinion that in view of the table propounded by the Hon'ble Supreme Court in the case of Sarla Verma (supra), and as the deceased was 28 years of age on the date of the accident, the correct multiplier to be applied for calculating the loss of income would be 17 and not 12 as done by the Tribunal. Thus, the compensation awarded to the claimants deserves to be enhanced by applying the correct multiplier under the head of loss of income. Likewise, this Court is also of the opinion that the amount of Rs. 15,000 only awarded by the Tribunal to the claimant No. 1 being the widow of the deceased towards loss of consortium is on the lower side. The Tribunal did not award any compensation to the three sons of the deceased who were minor at the time of the accident and mother of the deceased towards loss of love, affection and service. They deserve to be awarded appropriate compensation under these heads. 9. In view of the aforesaid discussion, the following computation is approved for assessing the enhanced compensation awardable to the appellants-claimants:- Total Annual income of the deceased Rs. 2,000 x 12 Rs. 24,000 Multiplier to be applied to net income as Sarla Verma's case @ Rs. 17 Rs. 4,08,000 Loss of consortium to wife Rs. 25,000 Rs. 4,33,000 Loss of love, affection and service to minor three sons and mother of deceased Rs. 2,000 x 12 Rs. 24,000 Multiplier to be applied to net income as Sarla Verma's case @ Rs. 17 Rs. 4,08,000 Loss of consortium to wife Rs. 25,000 Rs. 4,33,000 Loss of love, affection and service to minor three sons and mother of deceased Rs. 10,000 each i.e. Rs. 40,000 Rs. 4,73,000 Funeral expenses as awarded by Tribunal Rs. 2,000 Rs. 4,75,000 Total compensation awardable Rs. 4,75,000 10. The claimants shall be entitled to interest on the original amount at the rate decided by the learned Tribunal i.e. 12% per annum. On the enhanced amount, the interest applicable would be 7.5% per annum from the date of filing of the claim petition till realization.The Insurance Company respondent No. 3 is granted six weeks time to deposit the awarded amount in the Tribunal.The Tribunal shall disburse the award in appropriate proportions looking to the current status of the claimants.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.The appeal is allowed in the above terms.Record of the learned Tribunal be sent back forthwith.Appeal partly allowed. *******