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2016 DIGILAW 603 (HP)

Narkali Soni v. Mohd. Raffi

2016-04-29

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, Chief Justice. (Oral) Challenge in this appeal is to judgment and award, dated 31st March, 2010, made by the Motor Accident Claims Tribunal, Kullu, H.P. (for short "the Tribunal") in Claim Petition No. 27/2007, titled as Narkali Soni and others versus Mohd. Rafi and others, whereby compensation to the tune of 3,99,000/with interest @ 7% per annum from the date of the petition till its realization came to be awarded in favour of the claimants and against the respondents (for short “the impugned award”). 2. The insurer, 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 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 by the Tribunal is adequate or inadequate? 5. It appears that the amount awarded is inadequate for the following reasons: 6. Deceased Vikas Soni was 36 years of age at the time of the accident and was earning Rs.10,000/per month, as pleaded in the claim petition, who was running a tea stall-cum-restaurant at that point of time. The claimants have examined the witnesses, which do support the plea taken by the claimants. However, the Tribunal has fallen in an error in holding that the monthly income of the deceased was Rs.3,000/- while treating him as a daily wager. 7. It is apt to record herein that even if we treat the deceased as a daily wager, he would not have been earning less than Rs.150/- per day and his monthly income would not have been less than Rs.4,500/- per month. Accordingly, it is held that the monthly income of the deceased was Rs.4,500/- per month at the time of the accident. 8. After deducting one third towards his personal expenses, the claimants are held entitled to loss of dependency/income to the tune of Rs.3,000/- per month. The Tribunal has rightly applied the multiplier of 16'. 9. Having said so, the claimants are held entitled to compensation under the head 'loss of dependency' to the tune of Rs.3,000/x 12 x 16 = Rs.5,76,000/. They are also held entitled to 10,000/each under the heads 'loss of consortium', 'loss of estate', 'loss of love and affection' and 'funeral expenses'. 10. 9. Having said so, the claimants are held entitled to compensation under the head 'loss of dependency' to the tune of Rs.3,000/x 12 x 16 = Rs.5,76,000/. They are also held entitled to 10,000/each under the heads 'loss of consortium', 'loss of estate', 'loss of love and affection' and 'funeral expenses'. 10. Viewed thus, it is held that the claimants are entitled to total compensation to the tune of Rs.5,76,000/+ Rs.10,000/+ Rs.10,000/+ Rs.10,000/+ Rs.10,000/= Rs.6,16,000/- with interest @ 7.5% per annum from the date of the claim petition till its finalization. 11. Having glance of the above discussions, the impugned award is modified, as indicated hereinabove, and the appeal is disposed of. 12. The enhanced awarded amount be deposited before the Registry of this Court within eight weeks. On deposition, the awarded amount be released in favour of the claimants strictly as per the terms and conditions contained in the impugned award through payee's account cheque or by depositing the same in their respective bank accounts. 13. Send down the record after placing copy of the judgment on Tribunal's file.