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2017 DIGILAW 1529 (RAJ)

Meema Devi widow of late Sh. Umeda Ram v. Sang Singh s/o. Shri Mangal Singh

2017-07-11

ARUN BHANSALI

body2017
JUDGMENT : Arun Bhansali, J. This appeal seeking enhancement of compensation is directed against the judgment & award dated 12.06.2000 passed by the Motor Accident Claims Tribunal-I, Jodhpur ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.3,28,000/- as compensation. 2. The application for compensation was filed by the appellants - wife, children and parents of the deceased Umeda Ram, inter alia, with the averments that the deceased was aged 23 years at the time of accident, he was earning Rs.2,500/- per month and was getting an allowance of Rs.50/- per day. Based on the said averments, the compensation of Rs.16,26,000/- was claimed. The application was contested by the Owner and the Insurance Company. 3. The Tribunal after hearing the parties, came to the conclusion that the deceased was aged 23 years and as no certificate pertaining to the salary was produced, keeping in view the fact that the deceased was a co-driver in the vehicle, his income along with the future enhancement was taken at Rs.2,500/- per month, after deducting 40% towards personal expenses, the dependency was taken at Rs.1,500/- per month and after applying multiplier of 17, a sum of Rs.3,00,000/- towards loss of income was awarded. Further, Rs.2,000/- towards funeral expenses, Rs.10,000/- towards loss of consortium and Rs.4,000/- each to children and parents of the deceased towards loss of love and affection was awarded. The Tribunal further awarded interest @ 12% per annum from the date of application i.e. 19.02.1997. 4. It is submitted by learned counsel for the appellants that the Tribunal committed error in awarding the meager compensation to the appellants. It was submitted that the evidence, which came on record clearly indicated that the deceased was having income of Rs.2,500/- per month along with allowance of Rs.50/- per day and that the Tribunal has not taken into consideration the future prospects of the deceased; further the deduction of 40% is excessive, the multiplier adopted is incorrect, the award of amount under the heads of loss of consortium and loss of love & affection is too low and the same, therefore, deserves to be enhanced. 5. Reliance was placed on judgment of Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation : (2009) 6 SCC 121 . 6. Learned counsel for the respondent-Insurance Company supported the award impugned. 5. Reliance was placed on judgment of Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation : (2009) 6 SCC 121 . 6. Learned counsel for the respondent-Insurance Company supported the award impugned. It was submitted that no evidence was produced by the claimants proving the income of the deceased as claimed by them, the amount of daily allowance cannot be taken into consideration and that the award of future prospects for self-employed person is not admissible even as per the judgment in the case of Sarla Verma (supra) relied on by the counsel for the appellants. 7. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 8. On behalf of the claimants, two witnesses PW-1 - Smt. Meema Devi and PW-2 - Banshilal were examined. Both the witnesses claimed the income of the deceased at Rs.2,500 per month. However, the fact that the deceased was in fact in receipt of the income as claimed, was not established by any specific documentary evidence, even the certificate from the employer in this regard was not produced. Banshilal, Driver of the Truck, which met with the accident claimed that the deceased was second driver, he used to get Rs.3,000/- per month & expenses and the deceased Umeda Ram used to get Rs.2,500/- per month & expenses. 9. From the material available on record as noticed hereinbefore except for the oral evidence of the two witnesses, no material was produced. The minimum wages of the skilled labour in the year 1996 was Rs.884/- per month. In view thereof, the assessment of income of the deceased as a co-driver of the vehicle made by the Tribunal keeping in view his future prospects also at Rs.2,500/- appears to be just and proper in the circumstances of the case and does not call for any interference. 10. However, deduction for personal expenses and the multiplier applied by the Tribunal is apparently contrary to the law laid down by Hon'ble Supreme Court in the case of Sarla Verma (surpa) and, therefore, the same deserves to be modified. 11. Consequently, for loss of income, the claimants would be entitled to the amount as under:- Rs.2,500 - 625 (¼th towards personal expenses) = Rs.1875 X 12 X 18 = Rs.4,05,000/-. 12. 11. Consequently, for loss of income, the claimants would be entitled to the amount as under:- Rs.2,500 - 625 (¼th towards personal expenses) = Rs.1875 X 12 X 18 = Rs.4,05,000/-. 12. The submissions made by learned counsel for the appellants-claimants that the award of compensation under the head of funeral expenses as well as loss of consortium and love & affection is on the lower side are justified and as such, the said amount of compensation is enhanced to Rs.5,000/- towards funeral expenses, Rs.25,000/- towards loss of consortium Rs.10,000/- each for loss of love & affection to the children and parents of the deceased. 13. In view of the above, the claimants would now be entitled to a compensation of Rs.4,75,000/- instead of Rs.3,28,000/- as awarded by the Tribunal. The claimants would also be entitled for interest @ 8% per annum on the enhanced amount of compensation from the date of application i.e. 19.02.1997. 14. Out of the enhanced compensation of Rs.1,47,000/-, a sum of Rs.1,20,000/- along with interest be paid to the appellant No.1 - Smt. Meema Devi in her Saving Bank Account and the rest amount of Rs.27,000/- along with the interest be paid to Smt. Lichhami Devi, mother of the deceased in her Saving Bank Account. Consequently, the appeal filed by the appellants is partly allowed. The impugned award dated 12.06.2000 passed by the Tribunal is modified to the extent that the appellants would be entitled to a compensation of Rs.4,75,000/- instead of Rs.3,28,000/- along with interest @ 8% per annum on the amount of enhanced compensation from the date of application i.e. 19.02.1997. The amount be paid as directed hereinbefore to the claimants within a period of six weeks from the date of this judgment. Office is directed to sent back the record to the Tribunal immediately.