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2016 DIGILAW 508 (JK)

Madan Lal v. Kamla Devi

2016-10-05

R.SUDHAKAR

body2016
JUDGMENT R. Sudhakar, J. 1. This appeal is of the year 2007. The appellants have filed the instant appeal seeking enhancement in the compensation awarded by the Motor Accident Claims Tribunal, Jammu vide order dated 18.09.2007. 2. It is a case of fatal accident. On 09.10.2004 deceased-Vikas Sharma, aged 22 years was travelling as a co-passenger in a Maruti Car bearing registration No. JK02V 8112 which was driven by its driver, namely, Harmeet Singh in a rash and negligent manner in consequence whereof the erring driver could not control the vehicle, it hit with a tree at Thathar Ban-Talab due to which both driver and deceased-Vikas Sharma sustained grievous injuries and driver-Harmeet Singh died on the spot. Deceased-Vikas Sharma was taken to Hospital at Ludhiana, where he died on 17.10.2004. The claimants who are the father aged 48 years, mother 42 years and Sister aged 21 years claimed a sum of Rupees One Crore as compensation. 3. In support of the claim, the first claimant, father of the deceased was examined as witness and one Iqbal Singh was examined to prove the nature of accident. No documentary evidence was produced to prove the income of the deceased. The nature of accident and the negligence on the part of the driver of the offending vehicle in which deceased-Vikas Sharma was travelling as a co-passenger, the liability of the Insurance Company to pay the compensation is not disputed. 4. Insofar as quantum of compensation is concerned, the Tribunal fixed the income of the deceased-Vikas Sharma at Rs. 5000/- per month and deducted 2/3rd towards personal expenses and 1/3 was determined as loss of pecuniary benefits to the dependents, i.e. Rs. 1700 x 12 = 20,400/-. By adopting the multiplier of 11, the Tribunal granted the compensation at Rs. 2,44,800/- for loss of dependency and for funeral expenses, Rs. 2,000/- was granted by the Tribunal. 5. In all, the Tribunal awarded a compensation of Rs. 2,46,800/- with interest at the rate of 7% per annum from the date of filing of claim petition till payment is made. 6. Learned counsel for the appellants submits that deduction of 2/3rd towards the personal expenses of the deceased is erroneous in terms of the judgment of the Hon'ble Supreme Court in case titled Sarla Verma & Ors v. Delhi Transport Corporation & Anr. reported as (2009) 6 SCC 121 . 7. 6. Learned counsel for the appellants submits that deduction of 2/3rd towards the personal expenses of the deceased is erroneous in terms of the judgment of the Hon'ble Supreme Court in case titled Sarla Verma & Ors v. Delhi Transport Corporation & Anr. reported as (2009) 6 SCC 121 . 7. Heard learned counsel for the parties. 8. Taking note of the age and qualification of the deceased bachelor-Vikas Sharma who was a student of BCA final year student and the future prospects that might accrue, the income fixed by the Tribunal at Rs. 5000/- and the deduction of 2/3rd towards personal expenses of the deceased is not appropriate. In terms of the Sarla Verma's case (Supra) the personal expenses of the deceased cannot be more than 50%. 9. In that view of the matter, by deducting 1/2 towards personal expenses of the deceased out of Rs. 5000/-, (Rs. 5000 divided by 2 = Rs. 2500/-), the total loss of pecuniary benefits to the dependents comes to Rs. 30,000/- (Rs. 2500 x 12 = Rs. 30,000/-) per annum. The deceased bachelor-Vikas Sharma in this case was of 22 years old and, therefore, the appropriate multiplier in terms of the latest judgment of the Supreme Court in case titled "Munna Lal Jain & Anr. v. Vipin Kumar Sharma & Ors." decided on 15.05.2015 reported in 2015 ACJ 1985 , will be 18'. Therefore, the total pecuniary loss will be (Rs. 30000 x 18) = Rs. 5,40,000/-. It is seen that the Tribunal had not granted any amount towards loss of love and affection to the parents and for loss to the estate. Meager amount has been granted for funeral expenses. 10. The award of the Tribunal is thus modified and enhanced and the claimants are entitled to the following enhanced compensation, with interest at the rate of 7% per annum from the date of filing of the claim petition before the Tribunal. S.No. Heading Award of the Tribunal Modified award 1. For pecuniary loss Rs.2,44,800/- Rs.5,40,000/- 2. For funeral expenses Rs.2,000/- Rs.7,500/- 3. For loss of love and affection to father and mother Nil Rs.25.000/- (each totalling Rs.50,000/-) 4. For loss to the estate Nil Rs.10,000/- Total Rs.2,46,800/- Rs.6,07,500/- This appeal is allowed in the above terms enhancing the award of the Tribunal.