Suduishya Tripura, S/o Late chandbadan Tripura v. Jadu Chakma, S/o. Shri Kolid Mohan Chakma
2017-02-20
T.VAIPHEI
body2017
DigiLaw.ai
JUDGMENT & ORDER : Heard Mr. P. S. Roy, the learned counsel for the appellants. I have also heard Mr. P. Gautam, the learned counsel for the insurance company. 2. The appeal is directed against the judgment dated 16.01.2014 passed by the learned Member, Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in T.S. (MAC) No. 345 of 2012 awarding a compensation of Rs. 2,30,000/- with interest @ 9% per annum from the date of the claim petition, to the appellants for the death of their 14 years old boy in a vehicular accident. 3. The facts of the case, as pleaded by the appellants, are that on 12.07.2012 when the deceased (Sakti Mohan Tripura) was proceeding from Chailengta bazaar towards his residence on foot, at about 7.30 p.m, one auto rickshaw bearing registration No.TR-04-3055 coming from Chailengta side at a very high speed and in a rash and negligent manner dashed against him from his back side thereby causing grievous injuries. He was immediately taken to Chailengta Primary Hospital, but he succumbed to his injuries on the way to hospital. The deceased was about 15 years old at the time of the accident and was a student and also running a poultry firm business and used to earn Rs. 6,000/- per month. The appellants filed a claim petition before the Tribunal for the death of their son claiming a compensation of Rs. 34,85,000/- with interest. 4. The claim petition was contested by owner of the vehicle by filing his written statement and categorically denied that the accident had occurred due to rash and negligent driving of the vehicle and if at all any compensation is to be paid, it should be paid by the Oriental Insurance Company Ltd with which the vehicle was duly insured at the time of the accident. The insurer also contested the claim petition by denying that the victim died due to rash and negligent driving on the part of the driver of the vehicle in question. The insurer also contended that the claim of the appellants is imaginary, speculative and baseless and the appellants are not entitled to any compensation. 5.
The insurer also contested the claim petition by denying that the victim died due to rash and negligent driving on the part of the driver of the vehicle in question. The insurer also contended that the claim of the appellants is imaginary, speculative and baseless and the appellants are not entitled to any compensation. 5. In the light of the pleadings of the parties, the Tribunal framed the following issues: “(i) Whether the deceased died at Chailengta Hospital due to road traffic accident occurred on 12.07.2012 at about 07.30 p.m at Officer Para near Animal Husbandry Hospital on Manu-Chailengta road under P.S Chailengta, Dist-Dhalai due to rash and negligent driving of the driver of the vehicle bearing No. TR-04-3055(Auto Rickshaw). (ii) Whether the claimant petitioners are entitled to get any compensation under the provision of M.V. Act, 1988. If so, to what extent and who shall be liable to pay the same.” The appellant No.2 examined herself as PW-1 to substantiate her claim and file some documents such as FIR, ejahar, post-mortem examination report, seizure lists, final report and photocopy of the ration card to prove her case. Some documents were also filed by the opposite party, owner of the offending vehicle. No evidence was, however, adduced by either of the respondents. At the conclusion of a trial, the Tribunal passed the impugned judgment awarding compensation of Rs. 2,30,000/- with interest @ 9% per annum from the date of filing of the claim petition and fastened the liability for satisfying the award upon the insurer. The Tribunal recorded the finding that there was no evidence to support the contention of the appellants that the deceased was a student and that the deceased was above 14 years of age at the time of the accident. The Tribunal disbelieved the case of the appellants that the boy of 14 years could run a poultry business after prosecuting the studies. The Tribunal, therefore, adopted a notional income of Rs. 15,000/- per annum in terms of the Second Schedule of the M.V. Act. 6. In Kishan Gopal and another Vrs. Lala and others ; 2013 ACJ 2594 , the Apex Court observed that insofar as the children of age group between 10 and 15 years are concerned, keeping in mind the principle laid down in Lata Wadhwa Vrs.
15,000/- per annum in terms of the Second Schedule of the M.V. Act. 6. In Kishan Gopal and another Vrs. Lala and others ; 2013 ACJ 2594 , the Apex Court observed that insofar as the children of age group between 10 and 15 years are concerned, keeping in mind the principle laid down in Lata Wadhwa Vrs. State of Bihar : 2001 ACJ 1735 (SC) where the deceased were all students of Class IV to Class X and were children of employees of TISCO and one of the children was employed in the company in the said case and keeping in mind the fact that rupee value had come down drastically from the year 1994, when the notional income of the non-earning member prior to the date of accident was fixed at Rs. 15,000/- and further fact that the deceased boy, had he been alive, would certainly contributed substantially to the family of the appellants by working hard, it would be just and reasonable to take his notional income at Rs. 30,000/- and further taking into account the young age of the parents at the time of the accident, by applying the multiplier of 15 the compensation was determined at Rs. 4,50,000/-, and Rs. 50,000/- was awarded under conventional heads for loss of love and affection and funeral expenses. 7. In the instant case also, the rupee value has drastically come down during the last 15 years also. In that view of the matter, keeping in mind the age of the appellants which are around between 50 to 55, the multiplier of 13 shall have to be adopted. Therefore, on multiplying Rs. 30,000/- by a multiplier of 13, the loss of dependency will come to Rs. 3,90,000/-. To this amount shall be added Rs. 75,000/- for loss of love and affection and another sum of Rs. 25,000/- for his funeral expenses. Thus, the total amount of compensation comes to Rs. 4,90,000/- which shall carry interest @ 9% per annum with effect from the date of claim petition. 8. Resultantly, the appeal is allowed and the award is enhanced from Rs. 2,30,000/- to Rs. 4,90,000/- i.e. by Rs. 2,60,000/-. Since the respondent insurance company has already satisfied the award of the Tribunal, it is, therefore, directed to deposit the enhanced amount of Rs.
8. Resultantly, the appeal is allowed and the award is enhanced from Rs. 2,30,000/- to Rs. 4,90,000/- i.e. by Rs. 2,60,000/-. Since the respondent insurance company has already satisfied the award of the Tribunal, it is, therefore, directed to deposit the enhanced amount of Rs. 2,60,000/- together with interest @ 9 % per annum with effect from the date of the claim petition with this Registry within a period of 2(two) months from the date of receipt of this judgment. 9. It is made clear that as and when the aforesaid amount is deposited, the same shall be released to the appellant No. 1 as per usual arrangements without further reference from this Court. The impugned award stands modified in the manner and to the extent indicated above. Transmit the L.C. records to the Tribunal forthwith.