Chander Singh, S/o Kalu Ram v. Mohan Singh @ Moni, S/o Viri Singh
2017-05-25
GOVERDHAN BARDHAR
body2017
DigiLaw.ai
JUDGMENT : Mr. Goverdhan Bardhar, J. 1. The instant Civil Misc. Appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded by the learned Motor Accidents Claims Tribunal, Sojat, District Pali (for short ‘the Tribunal’) vide impugned judgment and award dated 04.04.2009 passed in Civil Misc. (MACT) case No.36/2008 whereby compensation in the sum of Rs. 2,86,000/- has been awarded in favour of the claimants/appellants. 2. Briefly stated facts of the case are that on 23.05.2008 at about 3:30 PM at National Highway No.14 near Chandawal, a Truck No. RJ 05/GA 0343 being driven by respondent No.1 Mohan Singh @ Moni in a high speed rashly and negligently, hit the Indica Car No. GJ 15/K 4630, as a result of which Smt. Shanti Devi, seated in the said car, sustained grievous injuries and due to the injuries, she died. In the claim petition it was averred that deceased Shanti Devi was 44 years old at the time of accident and was earning Rs. 4,000/- by giving tuition and stitching work. The accident was occurred due to the negligence of the Truck Driver. 3. Respondent No.3-Insurance Company filed its reply denying the contents of the claim petition and submitted that the accident was occurred due to the negligence of the driver of Indica car. At the time of accident, truck driver did not have the valid driving licence, therefore, there is violation of policy conditions. Thus the respondent No.3 Insurance Company is not at all liable to make payment of compensation and prayed for dismissal of the claim petition. 4. On the basis of pleadings of the parties, the learned Tribunal framed four issues including the issue of relief. The claimants produced oral and documentary evidence in support of their case. No evidence was produced on behalf of the respondents. 5. The learned Tribunal after hearing both the parties and taking into consideration the entire facts and circumstances of the case, vide its judgment and award dated 04.04.2009 awarded compensation of Rs. 2,86,000/- to the claimants/appellants along with interest @ 6% per annum from the date of filing of the claim petition till its realisation. Hence, this misc. appeal for enhancement of compensation. 6.
2,86,000/- to the claimants/appellants along with interest @ 6% per annum from the date of filing of the claim petition till its realisation. Hence, this misc. appeal for enhancement of compensation. 6. Learned counsel for the appellants submits that the learned Tribunal has committed grave error of law while passing the impugned award as the Tribunal has awarded a meager amount of compensation. The learned Tribunal has wrongly assessed the monthly income of the deceased as Rs. 3,000/-. It is further argued that learned Tribunal has not applied the proper multiplier while computing the compensation. Further it is submitted that amount of compensation awarded in other head is also on lower side and needs to be enhanced suitably. 7. Per contra, the learned counsel for the respondent-Insurance Company has opposed the submissions advanced by the counsel for the claimants/appellants and submitted that the award passed by the learned Tribunal is just and proper and warrants no interference. 8. Heard learned counsel for the parties. I have gone through the record and perused the impugned judgment/award passed by the learned Judge, MACT, Sojat District Pali. 9. So far as the income of the deceased Shanti Devi is concerned, as per the statement of Chandra Singh (AW-1) deceased was earning Rs. 4,000/- by stitching work and by giving tuition to children. But so far as her regular income is concerned, there is no evidence on record. In the absence of specific evidence regarding the regular income of the deceased, the learned Tribunal considering the minimum wages prevailing at that time, has right assessed the monthly income of the deceased Shanti Devi as Rs. 3,000/- and after deducting ? on account of personal expenses, her income would come to Rs. 2,000/-. 10. So far as the applicability of multiplier is concerned, the learned Tribunal taking the age of the deceased between 45 to 50 years adopted the multiplier of 11. In the opinion of this Court, the multiplier of 11 adopted for computing the compensation is without justification and erroneous and in the light of the judgment of the Hon’ble Supreme Court in the case of Sarla Verma [Smt.] & Others v. Delhi Transport Corporation and another, reported in (2009) 6 S.C.C. 121 , multiplier of 14 should have been applied. 11. Hence the loss of dependency deserves to be recalculated as under:- 2,000 x 12 x 14 = 3,36,000/- 12.
11. Hence the loss of dependency deserves to be recalculated as under:- 2,000 x 12 x 14 = 3,36,000/- 12. The learned Tribunal has awarded a sum of Rs. 5,000/- each to the claimants under the head of consortium for mental agony and for loss of love and affection. As regards consortium for mental agony, loss of love and affection for the husband and children of the deceased, in the opinion of this Court, it has been awarded on a lower side as at the time of accident the husband and children of the deceased must have suffered a great shock and agony and should have been awarded at least Rs. 15,000/- each to the claimants on this count. Thus, it is held that in all the claimants are entitled to Rs. 60,000/- towards consortium for mental agony and loss of love and affection. The award of Rs. 2,000/- toward funeral expenses is also on lower side and in the opinion of this Court at least Rs. 15,000/- should have been awarded on this Court. It is held that the claimants are entitled to Rs. 15,000/- towards funeral expenses. The compensation awarded under other heads to the claimants does not call for any interference. 13. Accordingly, the appeal is partly allowed and while modifying the judgment and award dated 04.04.2009, the claimants are held to be entitled to a sum of Rs. 3,36,000/- on account of loss of dependency and the claimants are held to be entitled to a sum of Rs. 60,000/- for mental agony and loss of love and affection as also Rs. 15,000/- for funeral expenses. In all, the claimants/appellants are entitled to get compensation to a sum of Rs. 4,11,000/- in place of Rs. 2,86,000/- as awarded by the learned Tribunal. The claimants will be entitled to get interest on the enhanced amount of compensation at the rate of 6% per annum from the date of filing the claim petition till its realisation.