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2015 DIGILAW 1196 (HP)

Tripta Devi v. Rajesh Kumar @ Billa

2015-08-28

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. Subject matter of this appeal is judgment and award, dated 05.02.2009, made by the Motor Accident Claims Tribunal, Una, Himachal Pradesh (for short "the Tribunal") in M.A.C. Petition No. 5 of 2007, titled as Tripta Devi versus Rajesh Kumar and others, whereby compensation to the tune of Rs. 1,65,000/with interest @ 7% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimants, against the respondents and the insurer was directed to satisfy the award (for short "the impugned award"). 2. The insurer, the owner-insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. 3. The appellants-claimants have questioned the impugned award only on the ground of adequacy of compensation. 4. Thus, the only question to be determined in this appeal is whether the amount awarded is inadequate? The answer is in affirmative for the following reasons: 5. Admittedly, the deceased was a young boy of 17 years, who died because of the cruel traffic accident which was caused by the driver, namely Shri Rajesh Kumar, while driving the offending vehicle, i.e. bus, bearing registration No.HP-21-A-4646, rashly and negligently on 24.12.2006 near Petrol Pump, Bangana. 6. Keeping in view the age of the deceased, multiplier of 14' was to be applied in view of the Second Schedule appended with the Motor Vehicles Act, 1988 (for short "MV Act") read with the ratio laid down by the Apex Court in the case titled as Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 and upheld by a larger Bench of the Apex Court in the case titled as Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR SCW 3120. 7. By guess work, it can be safely said and held that the deceased would have been earning just after one year, i.e. on attaining the age of 18 years, and would have been earning not less than Rs. 5,000/- per month. The parents have lost their budding son, who was the source of hope and help to them in their old age and have been left high and dry. 5,000/- per month. The parents have lost their budding son, who was the source of hope and help to them in their old age and have been left high and dry. 50% was to be deducted towards his personal expenses while keeping in view the principles laid down by the Apex Court in Sarla Verma's case (supra) and upheld by a larger Bench of the Apex Court in Reshma Kumari's case (supra). 8. In view of the above, it is held that the claimants, who are the parents of the deceased, have lost source of income/dependency to the tune of Rs. 2,500/per month, i.e. Rs. 2,500/- x 12 = Rs. 30,000/- per annum. Thus, the claimants are entitled to compensation to the tune of Rs. 30,000/x 14 = Rs. 4,20,000/-. The claimants are also held entitled to Rs. 10,000/under the head 'loss of love and affection, Rs. 10,000/under the head 'funeral charges' and Rs. 10,000/under the head 'loss of estate'. 9. Viewed thus, the claimants are held entitled to compensation to the tune of Rs. 4,20,000/- + Rs. 10,000/- + Rs. 10,000/- + Rs. 10,000/- = Rs. 4,50,000/- with interest @ 7.5% per annum from the date of the claim petition till its finalization, which is inclusive of the interim compensation awarded under 'No Fault Liability'. 10. Having glance of the above discussions, the appeal is allowed and the impugned award is modified, as indicated hereinabove. 11. The insurer is directed to deposit the enhanced awarded amount before the Registry within six weeks from today. On deposition of the same, the entire awarded amount be released in favour of the claimants strictly as per the terms and conditions contained in the impugned award after proper identification. 12. Send down the record after placing copy of the judgment on Tribunal's file.