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2016 DIGILAW 395 (HP)

Vinod v. Champa Thakur

2016-04-01

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. Challenge in this appeal is to the award, dated 8th December, 2008, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, (hereinafter referred to as ‘the Tribunal’) in MAC Petition No. 15-N/II-2007, titled Vinod Kumar & others versus Smt. Champa Thakur & others, whereby compensation to the tune of Rs. 3,16,800/- with interest @ 9% per annum from the date of the award till its realization, came to be awarded in favour of the claimants-appellants, herein and the insurer-respondent No. 3 herein, was saddled with liability (for short, the “impugned award”). 2. The owner, driver and insurer have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them. 3. The only question to be determined in this appeal is-whether the compensation amount is inadequate or otherwise? The answer is in the affirmative for the following reasons. 4. Admittedly, the age of the deceased was 50 years at the time of accident. The Tribunal has fallen in an error in applying the multiplier of ‘8’. The multiplier of ‘9’ was applicable in this case, in view of the 2nd Schedule appended to the Motor Vehicles Act read with the ratio laid down by the Apex Court in Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 , upheld by a larger Bench of the Apex Court in a case titled as Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR (SCW) 3120 read with the judgment rendered by the Apex Court in case titled as Munna Lal Jain & another versus Vipin Kumar Sharma & others, reported in 2015 AIR SCW 3105. 5. In view of the ratio laid down by the apex Court in the cases, supra, the claimants are held entitled to the tune of Rs. 3300/- x 12 = Rs. 39,600 x 9 = Rs. 3,56,400/- under the head ‘loss of dependency’. 6. The Tribunal has also fallen in an error in not awarding the compensation under the four heads, i.e. ‘loss of love and affection’, ‘loss of consortium’, ‘loss of estate’ and ‘funeral expenses’. Keeping in view the recent judgments of the Apex Court, a sum of Rs.10,000/- each, is also awarded under the aforesaid heads to the claimants. 7. 6. The Tribunal has also fallen in an error in not awarding the compensation under the four heads, i.e. ‘loss of love and affection’, ‘loss of consortium’, ‘loss of estate’ and ‘funeral expenses’. Keeping in view the recent judgments of the Apex Court, a sum of Rs.10,000/- each, is also awarded under the aforesaid heads to the claimants. 7. The Tribunal has awarded interest @ 9% per annum from the date of filing of the claim petition, is on the higher side. The interest at the rate of 7.5% per annum is awarded from the date of filing of the claim petition till its realization. 8. Having said so, it is held that the claimants are entitled to compensation to the tune of Rs. 3,56,000/- + Rs. 40,000/- total amounting to Rs. 3,96,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization. 9. The amount of compensation is enhanced and the impugned award is modified, as indicated above. The appeal is accordingly disposed of. 10. The insurer is directed to deposit the enhanced amount alongwith interest, within a period of six weeks from today before the Registry. On deposit, the Registry is directed to release the entire amount in favour of the claimants, strictly in terms of conditions contained in the impugned award, through payees account cheque or by depositing the same in their accounts. 11. Send down the records after placing a copy of the judgment on the Tribunal's file.