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2017 DIGILAW 544 (MP)

Kamal @ Tinku v. Khan Mohammad Menuddin

2017-04-22

P.K.JAISWAL, VIRENDER SINGH

body2017
ORDER : This is an appeal filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988 against an award dated 21.03.2016 passed by the learned Member, Motor Accident Claims Tribunal, Barwani (MP) in Claim Case No.125/2014. By impugned award, the Claims Tribunal has awarded a total sum of Rs.2,99,000/- with interest to the claimants for the death of one Siroti Bai, who died in vehicle accident. 2. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the learned Claims Tribunal, that the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded, and if so, to what extent? 3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Claims Tribunal. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues. 4. As observed supra, it is a death case. On 24.04.2014 Sirotibai aged 50 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for her death. The case was contested by the respondent-Insurance Company. Parties adduced evidence. The learned Claims Tribunal by the impugned award partly allowed the claim petition filed by claimants and awarded a sum of Rs.2,99,000/-, breakup of which is as under :- Rs.2,64,000/- Towards loss of dependency. Rs.0,25,000/- Towards funeral expenses. Rs.0,10,000/- Towards loss of estate. Rs.0,00,000/- Towards pain & sufferings and love & affection. Rs.2,99,000/- Total amount 5. Learned counsel for the appellants submits that the learned Claims Tribunal has taken the age of the deceased as 51 years only on the basis postmortem report, whereas as per Voter ID Card, her (deceased Sirotibai) age was 40 years at the time of accident. Her income was assessed at the rate of Rs.3,000/- per month and after deducting ?rd, the multiplier of 11 has been applied. Her income was assessed at the rate of Rs.3,000/- per month and after deducting ?rd, the multiplier of 11 has been applied. It is submitted that looking to the age of the deceased, multiplier has wrongly been applied. He has also pointed out that no amount has been awarded by the learned Claims Tribunal towards pain/sufferings/loss of love and affection. It is also submitted that the amount of compensation awarded on other heads also is on lower side. It is submitted that the appeal be allowed and the amount of compensation be enhanced. 6. Learned counsel for respondent No.3 - Insurance Company submitted that the impugned award is just and proper and no case for interference/enhancement of compensation, as awarded by the learned Claims Tribunal, is made out. It is submitted that the appeal be dismissed. 7. We have gone through the evidence adduced by the claimants. After taking into consideration all the facts and circumstances of the case and keeping in view the age of deceased Sirotibai (40 years as per Voter ID Card), it appears that multiplier of 11 has been applied, which is on lower side. The multiplier of 13 ought to have been applied in awarding compensation to the claimants. Similarly, the income of the deceased was assessed at Rs.3,000/-per month while the accident is of the year 2014, therefore, income of the deceased ought to have been assessed at Rs.3,600/- per month, after deducting ?rd on account of personal expenses, in our opinion, it will be proper to enhance the compensation. The appellants are entitle for the following amount:- Rs.3,74,400/- Towards loss of dependency. Rs.0,25,000/- Towards funeral expenses. Rs.0,10,000/- Towards loss of estate. Rs.0,30,000/- Towards pain & sufferings and love & affection. Rs.4,39,400/- Total 8. Thus, the appellants are entitle for a total compensation of Rs.4,39,400/-, instead of Rs.2,99,000/- on account of death of deceased Siroti Bai. The enhanced amount of Rs.1,40,400/- (Rupees One Lakh Forty Thousand Four Hundred) [Rs.4,39,400/- minus Rs.2,99,000/- = Rs.1,40,400/-], shall carry interest @ 8% per annum from the date of application. 9. With the aforesaid modification, Miscellaneous Appeal No.1096/2016 stands allowed in part. 10. No order as to costs.