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2017 DIGILAW 688 (CHH)

Jagadhari Singh Pottam v. Mohan Singh

2017-11-06

P.SAM KOSHY

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JUDGMENT : P. Sam Koshy, J. Present is an appeal under Section 173 of the Motor Vehicles Act assailing the award dated 17.09.2009 passed by the learned Additional Motor Accident Claims Tribunal, Pendraroad in Motor Accident Claim Case No. 09/2009. 2. Vide the said impugned award, the Tribunal in a death case under Section 166 of the Motor Vehicles Act has awarded the compensation of Rs. 2,45,000/- with interest @ 6% per annum from the date of application. 3. The Counsel for the appellants submits, that the compensation awarded by the Tribunal is on the lower side in as much as the Tribunal has not considered the income from the future prospects while quantifying the compensation. Likewise, the multiplier applied is also on the lower side and prays for suitable enhancement of the award. 4. The Counsel for the Insurance Company however opposing the appeal submits, that the Insurance Company in the instant case has been exonerated of its liability and the responsibility of payment of compensation has been fastened upon the owner of the vehicle involved in the accident. 5. Having considered the contentions put forth on either side and on perusal of record this Court is of the opinion, that considering the fact that the deceased was a young boy aged around 17 years at the relevant point of time must have been earning not more than Rs. 3,000 per month and therefore the income so assessed by the Tribunal cannot be found fault with. 6. However, considering the decision of the Hon'ble Supreme Court in the case of Sarla Verma and Ors. v. Delhi Transport Corporation and Anr., (2009) 6 SCC 121 , as also in all the subsequent decisions, the income under future prospects has become an integral part of the award under the Motor Vehicles Act and in the instant case considering the age of the deceased and also keeping in view the decision of the Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi and Ors., VII (2017) SLT 707, SLP Civil No. 25590/2014, decided on 31.10.2017, the claimants shall be entitled for 40% of its income towards future prospects. 7. Accepting Rs. 36,000 as the yearly income of the deceased and adding 40% of the same i.e. Rs. 14,400 towards future prospects, the amount would become Rs. 7. Accepting Rs. 36,000 as the yearly income of the deceased and adding 40% of the same i.e. Rs. 14,400 towards future prospects, the amount would become Rs. 50,400 of which if half of the same is deducted towards personal expenses as the deceased was a bachelor, the amount would come to Rs. 25,200 which if multiplied by applying multiplier of 18, the amount would become Rs. 4,53,600. It is ordered accordingly, that the claimants shall be entitled for the compensation of Rs. 4,53,600 towards loss of dependency. 8. So far as the compensation under the conventional head is concerned, again following the decision of the Supreme Court in the case of Pranay Sethi (supra), this Court quantifies the amount at Rs. 70,000 under this head. Thus, the total compensation payable to the claimants would become Rs. 5,23,600 instead of Rs. 2,45,000 as awarded by the Tribunal. The said enhanced amount shall also carry interest at the same rate as has been awarded by the Tribunal. 9. The said amount shall be payable by the owner-cum-driver of the Tractor as is the finding of the Tribunal which remains intact. 10. The appeal stands allowed and disposed of.