Haseena W/o Faridsab Shaikh v. Divisional Manager Maharashtra State Road Transport Corporation Divisional Office
2017-02-09
B.A.PATIL
body2017
DigiLaw.ai
JUDGMENT : These appeals have been preferred by the claimants-appellants seeking enhancement of compensation awarded by the Principal Senior Civil Judge and Motor Accident Claims Tribunal No.V, at Vijayapura (hereinafter referred to as ‘the Tribunal’), in common judgment and award dated 24.07.2014 passed in MVC Nos. 893, 894 & 895 of 2013. 2. The learned counsel for the appellants-claimants would submit that the compensation awarded by the Tribunal in all these matters is on the lower side. He contended that the income of the deceased persons assessed by the Tribunal is on the meager side, which is required to be enhanced reasonably. Further it is his contention that the compensation awarded towards conventional heads are also on the lower side. As such, he prayed for allowing the appeals by enhancing the compensation awarded by the Tribunal. 3. The learned counsel appearing for the respondent supports the impugned judgment and award passed by the Tribunal and therefore, seeks for dismissal of the appeals. 4. The occurrence of the accident in question is not in dispute. Even though several contentions have been urged by the learned counsel for appellants, he would contend that the Tribunal has not properly assessed the loss of dependency and not taken the income of the deceased properly and even on conventional heads it has awarded on the lower side. 5. As could be seen from the impugned judgment and award in MVC No.893/2013 the Tribunal after taking into consideration the age of the deceased as the petitioners have not produced any documents to prove the actual income of the deceased as he is a non-earning member, has awarded an amount of Rs.1,65,000/- towards pecuniary damages and an amount of Rs.25,000/- towards non-pecuniary damages. In addition to that an amount of Rs.40,000/- was awarded towards conventional heads. In all an amount of Rs.2,30,000/- has been awarded with 6% interest per annum. At this juncture, the learned counsel for the appellants has relied upon a decision report in (2014) 1 SCC 244 in the case of Kishan Gopal & Anr. Versus Lala & Others, whereunder in case of death of the children between age group of 10 to 15 years, notional income of Rs.30,000/- per annum was fixed.
At this juncture, the learned counsel for the appellants has relied upon a decision report in (2014) 1 SCC 244 in the case of Kishan Gopal & Anr. Versus Lala & Others, whereunder in case of death of the children between age group of 10 to 15 years, notional income of Rs.30,000/- per annum was fixed. In view of the above said decision it would be just and reasonable in the instant case to take the notional income of the deceased at Rs.30,000/- per annum and as the age of the mother of the deceased is taken she was 35 years at the time of accident, in that light multiplier of 15 can be applied. If that were to apply, the appellants are entitled to Rs.4,50,000/- (Rs.30,000/x 15) towards loss of dependency and Rs.50,000/- towards other conventional heads. If that were to award it will be the just compensation as held in the citation quoted supra and it would meet the ends of justice. The Tribunal has not kept into view this aspect while awarding the compensation. Therefore, taking into consideration the above said facts and circumstances, the appellants are entitled to an additional amount of Rs.2,60,000/- (Rs.4,50,000 – Rs.1,90,000) towards loss of dependency and additional amount of Rs.10,000/- (Rs.50,000 – Rs.40,000/-) towards conventional heads as against the award made by Tribunal. In all, the appellants are entitled to additional Rs.2,60,000/+ Rs.10,000/- = Rs.2,70,000/- with 6% interest per annum from the date of petition till realization in addition to what has been awarded by the Tribunal. 6. As could be seen from the impugned judgment and award in MVC No.894/2013, the Tribunal after taking into consideration the age of the deceased and other consideration, as the appellants have not produced any documents regarding income, has assessed the notional income at Rs.5,000/- per month and as the deceased was unmarried after deducting 50% towards his personal expenses and applying 18 multiplier has awarded Rs.5,40,000/- towards loss of dependency and an amount of Rs.45,000/- towards other conventional heads with interest at 6% per annum. In the normal course the method adopted by the Tribunal would be justified, but in the absence of documentary evidence with regard to the income of the deceased, the Tribunal ought to have taken notional income at the rate of Rs.7,000/- per month, which would be the yardstick to be adopted in Lok Adalat settlements.
In the normal course the method adopted by the Tribunal would be justified, but in the absence of documentary evidence with regard to the income of the deceased, the Tribunal ought to have taken notional income at the rate of Rs.7,000/- per month, which would be the yardstick to be adopted in Lok Adalat settlements. The multiplier applied by the Tribunal is just and proper. If 50% of the income of the deceased is deducted it will be Rs.3,500/-. (The calculation would be Rs.3,500/- x 12 x 18 = Rs.7,56,000/-). Since already Tribunal has awarded Rs.5,40,000/- towards loss of dependency, after deducting the said amount, the appellants-claimants are entitled to additional compensation of Rs.2,16,000/- towards loss of dependency. By taking into consideration the age of the deceased and dependents etc., even towards conventional heads they are entitled to an additional amount of Rs.1,75,000/- towards loss of love and affection and loss of estate as against Rs.45,000/- awarded by the Tribunal. In the light of above said discussions the appellants are entitled to an additional compensation of Rs.3,91,000/- with interest at the rate of 6% per annum in addition to what has been awarded by the Tribunal. 7. As could be seen from the impugned judgment and award in MVC No.895/2013, as the appellants have not produced any documents with regard to income of the deceased, the Tribunal considering the age and other consideration has assessed the notional income at Rs.5,000/- per month, deducted 50% of it towards his personal expenses as the deceased was unmarried at the time of accident and after applying 18 multiplier has awarded Rs.5,40,000/- towards loss of dependency and an amount of Rs.50,000/- towards other conventional heads with interest at 6% per annum. In the normal course the method adopted by the Tribunal would be justified, but in the absence of documentary evidence with regard to the income of the deceased the Tribunal ought to have taken the income of the deceased at Rs.7,000/- per month which would be the yardstick to be adopted in Lok Adalat settlements. The multiplier applied by the Tribunal is just and proper. If 50% of the income of the deceased is deducted it will be Rs.3,500/-. (The proper calculation would be Rs.3,500/- x 12 x 18 = Rs.7,56,000/-). Since already Tribunal has awarded Rs.5,40,000/- towards loss of dependency, the same is required to be deducted from the said amount.
The multiplier applied by the Tribunal is just and proper. If 50% of the income of the deceased is deducted it will be Rs.3,500/-. (The proper calculation would be Rs.3,500/- x 12 x 18 = Rs.7,56,000/-). Since already Tribunal has awarded Rs.5,40,000/- towards loss of dependency, the same is required to be deducted from the said amount. Accordingly if it is deduced, the appellants-claimants are entitled to an additional compensation of Rs.2,16,000/- towards loss of dependency. By taking into consideration the age of the deceased and dependents etc., towards conventional heads they are entitled to Rs.1,70,000/- towards loss of love and affection and loss of estate as against Rs.50,000/- awarded by the Tribunal. In the light of the above said discussions the appellants are entitled to an additional compensation of Rs.3,86,000/- with interest at the rate of 6% per annum in addition to what has been awarded by the Tribunal. 8. Accordingly, appeals are hereby allowed in part by modifying the impugned judgment and award to the extent as indicated above. The Insurance Company is directed to deposit the enhanced amount of compensation within six weeks from the date of receipt of a copy of this judgment. The disbursement, release and deposit of enhanced amount are to be made in terms of award of the Tribunal.