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2015 DIGILAW 70 (CHH)

Harbhajan Kaur v. Nasimuddin

2015-02-25

GOUTAM BHADURI

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JUDGMENT : Goutam Bhaduri, J. This is an appeal by the claimants seeking enhancement of the award dated 18th September, 2006 passed by the Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 58/2005 whereby as against the claim made for Rs. 14,25,000, an award of Rs. 3,59,044 was passed. Brief facts of the case, as pleaded by the Claimants, are that on 11th July, 2005, their son deceased Raghuvir Singh, had gone to Durg and while coming back on motor-cycle bearing Regn. No. C.G. 04/6068 at about 8.00 p.m., on the way, in front of Durga Mandir at Bhilai-3, the offending Jeep bearing Regn. No. C.G. 04/ZD/2704 driven by Non-Applicant No. 1 Nasimuddin @ Hasimuddin in rash and negligent manner dashed the deceased thereby he sustained grievous injuries and subsequently died. It was case of the claimants that at the time of death, deceased Raghuvir Singh was aged about 23 years and was working as Supervisor at Durga Freight Carrier and was earning Rs. 4,000 per month on which the family was depending. The Driver Nasimuddin and owner Bedram Vinay Suryavanshi remained ex parte before the Court below. 2. The claim was contested by the Insurance Company by filing written statement wherein they refuted the claim and it was stated that at the time of accident, the defendant respondent Nasimuddin was not having valid and effective driving licence and the vehicle was being driven in breach of terms of insurance policy. 3. The learned Tribunal after evaluating the entire evidence on record arrived at a finding that at the relevant time the offending vehicle was being driven in rash and negligent manner and thereby the accident took place, due to which, the deceased died. It has further recorded a finding that the breach of terms of insurance policy was not proved. In absence of any challenge to such finding that the owner/driver of the vehicle committed breach of terms of policy, they said findings are confirmed-With regard to quantum, the Tribunal has taken the monthly income of deceased as Rs. 4,000 per month and after deducting 1/3rd towards personal expenses, the dependency was fixed as Rs. 2,667 per month. Taking the age of the dependents/claimants, it has applied the multiplier of 11 thereby the total dependency was worked out to Rs. 3,52,000. In addition, it has granted Rs. 5,000 towards loss of love and affection and Rs. 4,000 per month and after deducting 1/3rd towards personal expenses, the dependency was fixed as Rs. 2,667 per month. Taking the age of the dependents/claimants, it has applied the multiplier of 11 thereby the total dependency was worked out to Rs. 3,52,000. In addition, it has granted Rs. 5,000 towards loss of love and affection and Rs. 2,000 towards funeral expenses and thus a total compensation of Rs. 3,59,000 was granted. 4. Learned Counsel for the appellant submits the multiplier has wrongly been applied taking the average age of the claimants i.e., the mother and father and he further submits that very meagre sums have been awarded on the head of loss of love and affection and funeral expenses. He, therefore, prays for suitable enhancement of the award. 5. Per contra, learned Counsel for the Insurance Company would submit that at the time of accident, the deceased was bachelor and taking the average age of the claimants, the Tribunal has rightly adopted the multiplier of 11. He further submits that the award of the Tribunal is well merited which do not call for any interference. 6. On the basis of Ex. P-1, the learned Tribunal has arrived at a finding that at the time of accident, the deceased was earning Rs. 4,000 per month. In absence of any challenge to the same, the said point do not require any re-appreciation, at this stage, Ex. P/1 also fortifies the fact that the deceased was working in Durga Freight Carrier as a supervisor and was getting a monthly salary of Rs. 4,000. The Tribunal has applied the multiplier of 11 taking the age of the claimants who are dependents. Hon'ble the Supreme Court in case of Amrit Bhanu Shali and Others Vs. National Insurance Co. Ltd. and Others, (2012) 11 SCC 738 , and further in case of M. Mansoor and Another Vs. United India Insurance Co. Ltd. Another, (2013) ACJ 2849, while selecting the multiplier has taken into account the age of deceased. The Supreme Court while deciding the case of Amrit Bhanu Shali (supra), has considered various case laws at para 15 of its decision and thereafter has laid down the principle that the selection of multiplier should be based on the age of the deceased and not on the basis of age of the dependents. The Supreme Court while deciding the case of Amrit Bhanu Shali (supra), has considered various case laws at para 15 of its decision and thereafter has laid down the principle that the selection of multiplier should be based on the age of the deceased and not on the basis of age of the dependents. The reasons have been assigned that since there may be number of dependents of the deceased whose age may be different, therefore, the age of the dependents has no nexus. Further in case of N. Mansoor (supra), the Apex Court has again considered the fact and has laid down that even if the person is bachelor and is dead, the principles laid down in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , shall be applicable meaning thereby the multiplier would be on the basis of the age of the deceased and not on the basis of the dependents. 7. In this case, admittedly the deceased was bachelor, aged about 23 years and as the Tribunal has found the income of the deceased as Rs. 4,000 per month, therefore, applying the principles laid down in case of Sarla Verma (supra), one-half (50%) shall be deducted. Therefore, after deducting 50%, the loss of dependency comes to Rs. 2,000 per month or Rs. 24,000 per annum. Thereafter, looking to the age of the deceased that he belongs to the age group of 21 to 25 years, multiplier of 18 would be applicable. Thus, the total loss of dependency comes to Rs. 4,32,000 (Rs. 24,000 x 18). The amount of Rs. 5,000 for loss of love and affection and Rs. 2,000 for funeral expenses granted by the Tribunal appear to be very meagre. The claimants mother and father shall be entitled to get Rs. 50,000 each towards loss of love and affection of son that is total Rs. 1,00,000 and further Rs. 10,000 for funeral expenses. Thus, the total compensation will be Rs. 5,42,000 (4,32,000 + 1,00,000 +10,000 = Rs. 5,42,000). After deducting Rs. 3,59,044 awarded by the Tribunal, the enhancement would be Rs. 1,82,956. The appeal is allowed in part accordingly. The appellants will be entitled to the said sum of Rs. 1,82,956 in addition to what is already awarded, with interest @ 9% from the date of filing of the claim petition till the date of realization. 5,42,000). After deducting Rs. 3,59,044 awarded by the Tribunal, the enhancement would be Rs. 1,82,956. The appeal is allowed in part accordingly. The appellants will be entitled to the said sum of Rs. 1,82,956 in addition to what is already awarded, with interest @ 9% from the date of filing of the claim petition till the date of realization. No order as to costs.