Research › Search › Judgment

Tripura High Court · body

2018 DIGILAW 150 (TRI)

Sikha Debnath W/o Late Arun Debnath v. Bidhugopal Dey S/o Late Anjan Behari Dey

2018-06-11

ARINDAM LODH

body2018
JUDGMENT : 1. This appeal under Section 173 of the Motor Vehicles Act,1988 has been filed for enhancement of the awarded amount of compensation, passed by the learned Motor Accident Claims Tribunal (District Judge, Court No.1), West Tripura, Agartala in Title Suit (MAC) 310 of 2014 wherein the Tribunal has awarded compensation of Rs.9,05,000/-including all incidentals. 2. Heard Mr. B. Debnath as well as Mrs. S. Deb (Gupta), learned counsels appearing for the claimants. 3. Briefly stated, the tragic incident leading to the injuries sustained by the deceased, Arun Debnath, was occurred on 05.09.2014 at about 21:00 to 21:30 hours while the deceased was proceeding towards his house at Chandrapur from Kashipur by riding his bicycle and while reached near Gopinath mandir at Kashipur, under East Agartala P.S., at that time, the offending motor cycle bearing registration No.TR01-T-9602 proceeding towards Kashipur from Agartala with rash and negligently dashed Arun Debnath, resulting severe injuries on his person and was shifted to Agartala Govt. Medical College and G.B.P. Hospital, Agartala for treatment and during the treatment injured Arun Debnath succumbed to his injuries on 06.09.2014 at 7-30 hours in G.B.P.Hospital, Agartala. Accordingly, postmortem examination was conducted over the body of the deceased. After the accident, the matter was registered at East Agartala P.S. vide East Agartala P.S. Case No.150 of 2014 under Sections 279/338/427 and 304-A of the Indian Penal Code against the driver of the offending motor cycle bearing registration No. TR01-T-9602 (Apachee). 4. According to the claimants, the accident occurred due to rash and negligent driving of the driver of the offending motor cycle bearing registration No.TR01-T-9602. From the claim statements it is revealed that at the time of accident and death, the deceased Arun Debnath was aged about 40 years and according to them he was earning Rs.12,000/-per month as he was a cultivator growing vegetables in his house and by selling the vegetable product he also used to earn Rs.3000/-per month. He was a Decorator too. He was well built young man and a good physique. His future prospect was very bright and it was expected that he would make more and more contribution towards his family had he not died due to the said road traffic accident. 5. The claimants i.e the wife, mother and daughter of the deceased had filed the claim application before the Motor Accident Claims Tribunal claiming compensation of Rs.22.00 lakhs. 6. 5. The claimants i.e the wife, mother and daughter of the deceased had filed the claim application before the Motor Accident Claims Tribunal claiming compensation of Rs.22.00 lakhs. 6. Learned Tribunal after considering all aspects and the evidence on record determined the income of the deceased at Rs.5000/-per month i.e. Rs.60,000/-per annum and placing reliance upon the decision of the Apex Court in Rajesh & Ors. Vrs. Rajbir Singh & Ors. reported in 2013 9 SCC 54 and in Vimal Kanwar & Ors. Vrs. Kishore Dan & Ors. reported in 2013 ACJ 1441 , awarded compensation to the tune of Rs.9,05,000/-along with interest @ 9% per annum from 05.11.2014 i.e. the day of filing of the petition till the date of actual payment. 7. During the course of hearing, the respondent No.2 i.e. Divisional Manager, IFFCO TOKIO General Insurance Company Ltd. though was noticed properly but did not feel it necessary to contest the instant appeal. Hence, this court has no other alternative but to proceed in absentia of against the said insurance company. 8. Mrs. S. Deb(Gupta), learned counsel appearing for one of the claimant Smt. Rani Bala Debnath (mother) has submitted that the statement of P.W.1 regarding the income of the deceased at Rs.12,000/-was not controverted in her cross-examination by any of the respondents. 9. On query from this court, learned counsels appearing for the claimants have submitted that during the course of trial before the Tribunal, the appellant-claimants herein did not produce any documentary or oral evidence to prove the income of the deceased Arun Debnath. 10. I am of the opinion that it is the burden upon the claimants to prove the income of the deceased. Only mere making of oral statement, it cannot conclusively be said that her statement has been proved. For this, the Tribunal and the Courts have to depend on some guess works for determination of income considering the nature of his profession or work one is involved. That guess work also must be fair and reasonable. 11. Mr. B. Debnath, learned counsel appearing for the claimant-wife placing reliance upon a decision of the Apex Court in Syed Sadiq & Ors. Vrs. Divisional Manager, United India Insurance Co. That guess work also must be fair and reasonable. 11. Mr. B. Debnath, learned counsel appearing for the claimant-wife placing reliance upon a decision of the Apex Court in Syed Sadiq & Ors. Vrs. Divisional Manager, United India Insurance Co. Ltd., reported in (2014) 2 SCC 735 , has drawn my attention that in a case where there is no proof of income, the court considering the fact that the deceased was self-employed, the Tribunal ought to have determined his income more than Rs.5000/-since in the said decision which was passed in the year 2014, the income of such unemployed labour was determined @ Rs.6,500/-per month. 12. In these days, it is not difficult for a healthy, energetic man to earn Rs.7,500/-per month from any source. By the passage of time there is escalation of price index and considering the fact that it is the duty of the Tribunal and the Court to award just and fair compensation in favour of the claimant, I am of considered opinion that the income of the deceased should be determined at Rs.7,500/-per month. The deceased was aged about 40 years and in compliance of the decision and the principles laid down in Sarla Verma Vrs. Delhi Transport Corporation & Anr., reported in (2009) 6 SCC 121 , the multiplier is to be determined at 15. Deceased Arun Debnath was surviving by his wife, mother and a daughter. So, 1/3rd of the income of the deceased be deducted for his personal expenses had he been alive. The calculation comes to Rs.7,500/-X12X15= Rs.13,50,000 minus (1/3rd) Rs.4,50,000 = Rs.9,00,000/-. Further, 30% of the total income has to be increased for the loss of his future prospects that works out to be Rs.9,00,000 X 30= Rs.2,70,000/-. Hence, the total income comes to Rs.11,70,000/-. 13. Relying upon the decision of the Apex Court passed in National Insurance Co. Ltd. vrs. Pranay Sethi & Ors., reported in (2017) 16 SCC 680 the claimants are entitled to Rs.40,000/-as loss of consortium, Rs.15,000/-for loss of estate and Rs.15,000/-for funeral expenses. 14. In the light of the aforesaid discussions and observations, the appeal stands allowed. The impugned judgment and award dated 22.02.2016, passed by the Member, Motor Accidents Claims Tribunal, West Tripura, Agartala in Case No. TS(MAC) 310 of 2014 is modified. 15. The claimant-appellants are entitled to receive compensation of Rs.11,70,000+ Rs.40,000+ Rs.15,000 + Rs.15,000= Rs.12,40,000/-. 16. 14. In the light of the aforesaid discussions and observations, the appeal stands allowed. The impugned judgment and award dated 22.02.2016, passed by the Member, Motor Accidents Claims Tribunal, West Tripura, Agartala in Case No. TS(MAC) 310 of 2014 is modified. 15. The claimant-appellants are entitled to receive compensation of Rs.11,70,000+ Rs.40,000+ Rs.15,000 + Rs.15,000= Rs.12,40,000/-. 16. It is submitted that the award of compensation of Rs.9,05,000/-along with interest as passed by the learned Tribunal has already been disbursed in favour of the claimants. Now, the enhanced compensation of Rs.3,35,000/-(Rs.12,40,000 minus (-) Rs.9,05,000= Rs.3,35,000/-) as awarded by this Court be disbursed to the claimant-appellants along with interest @ 7.5% per annum from the date of filing of the claim application i.e. 05.11.2014 till the date of actual payment. 17. It is further submitted by Mr. B. Debnath, learned counsel for the claimant-appellants that the mother of the deceased is now aged about 70 years. So, keeping in view of her age, Rs.75,000/-be disbursed in favour of Smt. Rani Bala Debnath, the mother of the deceased and the rest amount shall be distributed equally to the wife and daughter of the deceased Arun Debnath i.e. claimant-appellant Nos. 1 and 2. 18. The respondent-insurance company IFFCO TOKIO General Insurance company Ltd., Agartala Branch shall pay the enhanced amount of compensation on the aforesaid terms within a period of 2(two) months from the date of receipt of the copy of this judgment. 19. Send back the L.C. records along with a copy of this judgment. The appeal accordingly stands disposed of.