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2016 DIGILAW 420 (JK)

Sudesh Kumari v. National Insurance Co.

2016-08-10

RAMALINGAM SUDHAKAR

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JUDGMENT : Ramalingam Sudhakar, J. The appellants have filed the instant appeal seeking enhancement in the compensation awarded by the Motor Accident Claims Tribunal, Jammu vide order dated 14.06.2003, by stating that the Tribunal erred in fixing the monthly salary of the deceased-Haqiqat Singh at Rs. 4000/- who was driver by profession and was earning Rs. 7,500/- per month. 2. The brief facts which led to the filing of the appeal are that deceased-Haqiqat Singh aged about 36 years, died in an accident that occurred on 29.03.2001. On 29.03.2001 deceased-Haqiqat Singh driver of the vehicle (Tata Sumo) was proceeding from Jammu to Akhnoor, on the way, a Bus bearing Registration No. JK02B 1509, which was driven by its driver in a rash and negligent manner, hit his vehicle as a result of which he sustained fatal injuries. The offending vehicle was insured with the respondent/Company. On this account, Appellant No. 1 wife of the deceased-Haqiqat Singh, Appellants 2 and 4 minor sons, Appellant No. 3 minor daughter and Appellant No. 5 aged mother of deceased claimed compensation for a sum of Rs. 16,80,000/- from the respondents. 3. Before the Tribunal two witnesses, namely, Buwa Ditta and Rakesh Kumar-driver by profession were examined. The learned Tribunal while taking into consideration profession of the deceased-Haqiqat Singh fixed his income at Rs. 4000/- per month as against Rs. 7500/- as prayed by the appellants and awarded a sum of Rs. 5,57,816 as compensation to the appellants-claimants wit h interest @ 9% per annum from the date of filing of the claim petition till the date payment is made. 4. Head wise breakup of the compensation awarded by the Tribunal is as under:- 1. Loss of dependency Rs. 5,22,816/- 2. Loss of consortium Rs. 15,000/- 3. Loss of the estate Rs. 15,000/- 4. Funeral expenses Rs. 5,000/- Total compensation Rs. 5,57,816/- 5. The plea of enhancement is made on the ground that income of the deceased-Haqiqat Singh should have been fixed as Rs. 7500/- per month which is based on the evidence of the appellants-claimants and also keeping in view the statement of the witness-Rakesh Kumar driver by profession who stated that monthly income of the deceased-Haqiqat Singh was Rs. 7000/-. Future prospects have not been considered and no amount has been granted towards loss of love and affection to the minor appellants 2 to 4. 6. Mr. 7000/-. Future prospects have not been considered and no amount has been granted towards loss of love and affection to the minor appellants 2 to 4. 6. Mr. Kamal Gupta, learned counsel appearing on behalf of the Respondent No. 1-Insurance Company objects and states that adequate compensation has been granted by the Tribunal. 7. The incident is of the year 2001, considering the minimum wages applicable and the fact that deceased-Haqiqat Singh was a driver by profession and had to support his wife, two sons, one daughter and aged mother, the income at Rs. 6000/- per month as claimed by the appellants cannot be said to be excessive. The deceased-Haqiqat Singh was about 36 years old at the point of time, there is also possibility of future prospects. 8. Heard the submissions of learned counsel on either side and perused the materials available on record. 9. Taking note of the fact that the deceased was a young driver supporting a big family and the period of accident the income of the deceased-Haqiqat Singh can be taken at Rs. 6000/- per month. After ?th deduction on account of personal expenses, loss of pecuniary benefits it will be Rs. 4800/- per month. Based on the Supreme Court decision in Sarla Verma & Ors. v. Delhi Corporation & Anr, reported in (2009) 6 SCC 121 , multiplier of 16 has to be adopted in this case. 10. Thus, taking the monthly contribution of the deceased-Haqiqat Singh to the family at Rs. 4800/- and applying the multiplier of 16, the compensation towards loss of pecuniary benefits is arrived at a sum of Rs. 9,21,600/- (Rs. 4800/- x 12 x 16). 11. For loss of "love and affection' a sum of Rs. 15000 x 3 = 45,000/- is granted to the minor children. The interest @ 7.5% is payable on the enhanced amount. 1. Loss of dependency Rs. 9,21,600/- 2. Loss of consortium Rs. 15,000/- 3. Loss of the estate Rs. 15,000/- 4. Funeral expenses Rs. 5,000/- 5. Loss of love and affection to children Rs. 45,000/- 6. Loss of love and affection to Mother Rs. 15,000/- Total compensation Rs. 10,16,600/- 12. This appeal is allowed in the above terms enhancing the award of the Tribunal to the extent indicated above.