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2016 DIGILAW 789 (HP)

Ramesh Kumar v. K. K. Spun Pipes

2016-05-13

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award and judgment, dated 21st October, 2009, made by Motor Accident Claims Tribunal, Una, H.P., (for short, “the Tribunal”) in M.A.C. Petition No. 19 of 2006, titled Ramesh Kumar & another vs. M/s K.K. Spun Pipe & others, whereby a sum of Rs.3,00,000/- alongwith interest at the rate of 8% per annum came to be awarded as compensation in favour of the claimants and both the insurance companies i.e. United India Insurance Company Ltd. and National Insurance Company Ltd. were saddled with the liability in equal shares (for short the “impugned award”). 2. The insurer, the driver and the owner have not questioned the impugned award on any count. Thus, the same 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. Thus, the only question to be determined in this appeal is whether the amount awarded is inadequate. The answer is in affirmative for the following reasons. 4. The deceased, namely, Rakesh Kumar, who was 26 years old at the time of accident, became the victim of vehicular accident, left the parents in lurch, constraining them to file a claim petition before the Tribunal. It is pleaded in para 6 of the claim petition that the gross salary of the deceased was Rs.19,167/- per month. However, the Tribunal has wrongly assessed the compensation, that too, in lump sum. The deceased was a bachelor and one half was to be deducted from his monthly income/salary towards his personal expenses. Thus, it is held that the claimants have lost source of dependency to the tune of Rs.9,583.5, roughly Rs.9,000/- per month. 5. Admittedly, the age of the deceased was 26 years at the time of the accident and the multiplier applicable was ‘15’ in view of Schedule II appended to the MV Act and applying the ratio laid down by the Apex Court in case tilted as Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 and upheld by a larger Bench of the Apex Court in case titled as Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR (SCW) 3120. 6. Thus, the claimants are entitled to compensation to the tune of Rs.9,000x12x15= Rs.16,20,000/- under the head loss of dependency. 7. 6. Thus, the claimants are entitled to compensation to the tune of Rs.9,000x12x15= Rs.16,20,000/- under the head loss of dependency. 7. In view of the recent judgment of the Apex Court, a sum of Rs.10,000/- each is awarded under the heads ‘loss of love and affection’, ‘loss of estate’, and ‘funeral expenses. 8. In view of the above discussion, the claimants are held entitled to Rs.16,20,000/- + Rs.30,000/- (Rs.16,50,000/- in all), alongwith interest at the rate of 7.5% from the date of impugned award till its final realization. 9. Having said so, the appeal is allowed, impugned award is modified and both the insurance companies have to satisfy the impugned award in equal share. 10. The insurers are directed to deposit the awarded amount minus the amount already deposited within eight weeks from today before the Registry of this Court. On deposit, the same be released in favour of the claimants through payees’ account cheque or by depositing the amount in their accounts. 11. Accordingly, the impugned award is modified, as indicated above and the appeal is disposed of. 12. Send down the record after placing copy of the judgment on the Tribunal’s file.