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2017 DIGILAW 2947 (PNJ)

Rita Devi v. Joginder Singh

2017-12-12

SUDHIR MITTAL

body2017
JUDGMENT Mr. Sudhir Mittal, J.: (Oral) - Case has been called twice. None is present on behalf of theparties. Appeal is of the year 2007 and hence I proceed to decide the appealin the absence of the parties. 2. The appellants are the widow and sons of deceased ShambhuShah Gupta, who died in a motor accident on 27.6.2004. The MotorAccidents Claims Tribunal, Gurgaon (hereinafter referred to as ‘theTribunal’) granted compensation of Rs.3,92,500/- along with interest @7.5% per annum on account of the death of the bread-winner of the family.Aggrieved by the inadequacy of the awarded compensation, the presentappeal has been filed. 3. The bare facts necessary for decision of this appeal are that theaccident took place on 27.06.2004 when the deceased Shambhu Shah Guptawas returning from Manesar to his place of work on a scooter along withone Risal Singh (a co-employee), who was riding pillion with him. Ataround, 2.00 p.m., a truck bearing registration No. HR-26-D-9291 camefrom behind and hit the scooter resulting in the death of Shambhu ShahGupta. The deceased was working as a Store Incharge in M/s Tex N Netsand was drawing salary of Rs.7500/- per month (as per the claim petition).He was aged about 35 years. 4. The learned Tribunal held the driver of the truck guilty of rashand negligent driving. Neither the driver nor the owner of the said truck haschallenged the said finding and, therefore, the same is affirmed. 5. The dispute is only regarding the quantum of compensationassessed by the learned Tribunal. The Tribunal has accepted the factumof employment of the deceased as a Store Incharge in Tex N Nets, however,the salary certificate Exhibit PW-6/A produced by PW-6-Sube Singh,Personnel and Excise Officer of the said Company has been disbelieved onthe ground that the account books, attendance register and break-up ofsalary etc. have not been produced. The income has been assessed asRs.3,000/- per month. Further, the age of the deceased has been held to be36 years on the basis of the post-mortem report Exhibit P-1, whereas in theclaim petition, it is mentioned as 35 years. Accordingly, multiplier of ‘15’has been taken. 6. In my view, the income of the deceased has been wronglyassessed as Rs.3,000/- per month. No reason whatsoever has been givenfor reaching the said figure. Accordingly, multiplier of ‘15’has been taken. 6. In my view, the income of the deceased has been wronglyassessed as Rs.3,000/- per month. No reason whatsoever has been givenfor reaching the said figure. A salary certificate has been produced onrecord by an official of the company in which the deceased was working.Once, the Tribunal accepts the fact that the deceased was employed in M/sTex N Nets, there is no conceivable reason for rejecting the salarycertificate produced by an official of the said company. Thus, I accept thesalary certificate Exhibit PW6/A and hold the monthly salary to beRs.7500/- per month, as claimed by the appellants in the claim statement.The age of the deceased is taken as 35 years as it would be more beneficialto the heirs of the deceased and the Motor Vehicles Act, 1988 has beenenacted as a beneficial piece of legislation for the welfare of third partiesinvolved in accidents and this intention of the legislature must be kept inmind while deciding claim petitions. Hence, multiplier of 16 isapplicable. 7. The deceased has left behind a widow and three children i.e. atotal of four dependants. Thus, the deduction of 1/4th is to be made fromthe income of the deceased for personal expenses and 3/4th of his salarywould be the dependency. Accordingly, the compensation is assessed asfollows:- 1 Annual Income (7500x12) Rs. 90,000/- 2 Increase of 50% in income on account of futureprospects (90,000+45,000) Rs. 1,35,000/- 3 Deduction of 1/4th on account of personal expenses(1,35,000-33,750) Rs. 1,01,250/- 4 Annual dependency applying multiplier of 16 asdeceased was 35 years of age (1,01,250x16) Rs. 16,20,000/- 5 Loss of estate Rs. 15,000/- 6 Loss of consortium Rs. 40,000/- 7 Funeral expenses Rs. 15,000/- Total compensation Rs. 16,90,000/- 8. The appeal is accordingly allowed. The enhanced compensationwill be payable by the Insurance Company along with interest @ 7.5 % perannum from the date of claim petition till the date of payment, within aperiod of three months of the date of receipt of a certified copy of thisjudgment.