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2018 DIGILAW 1566 (ALL)

Vinod Kumar v. Manoj Kumar

2018-07-17

DEVENDRA KUMAR ARORA, SANGEETA CHANDRA

body2018
JUDGMENT : 1. Heard 2. The instant First Appeal From Order for enhancement of compensation arises out of the judgment and award dated 24.10.2016 passed in Claim Petition No. 425 of 2015 by the Motor Accident Claims Tribunal/Special Judge (P.C. Act), Court No. 2, Lucknow in Claim Petition No. 425 of 2015 (Vinod Kumar v. Manoj Kumar and others) prayer to enhance the awarded amount. 3. Short facts of this case are that on 06.05.2015, when deceased Chhote Lal was traveling by Motorcycle, bearing registration No. UP-32 CU 1575 as pillion rider, the driver of Truck, bearing registration No. UP-75 M 6791, hit the motorcycle, as a consequence thereof, deceased fell down and the wheel of the truck was run over on the deceased and the deceased died on the spot. The heirs of the deceased filed a claim petition before the Motor Accident Claims Tribunal. In the claim petition, it has been averred that at the time of accident, the deceased was aged about 46 years and was engaged in the business of fabrication and welding in a workshop from which he was earning around Rs. 12000/- per month. 4. After hearing the parties, the Tribunal has awarded a sum of Rs. 3,25,000/- as total compensation. To arrive at this figure, the Tribunal assessed the notional income of the deceased at Rs. 3,000/- per month in view of the law laid down by the Apex Court in Laxmi Devi v. Mohd. Tabbar, 2008 (2) T.A.C. 394 (SC) : ( AIR 2008 SC 1858 ). Deduction of 1/3rd was made towards personal expenses. Annual dependency was thus assessed to be Rs. 24,000/-. Keeping in view the age of the deceased as 46 years, multiplier of 13' was applied. Hence the total loss of dependency of Rs. 3,12,000/- was assessed. Besides this, Rs. 10,000/- was added towards loss of love and affection and Rs. 3000/- was added towards funeral expenses. It was also directed to pay interest @ 7% per annum on the awarded amount. 5. Though the appellants in the present appeal have raised several grounds but learned Counsel for the appellants has made submission to the effect that the claimants have not been granted the benefit towards future prospect and further the amount awarded under the head of funeral expenses is grossly inadequate, which deserves to be enhanced. 6. 5. Though the appellants in the present appeal have raised several grounds but learned Counsel for the appellants has made submission to the effect that the claimants have not been granted the benefit towards future prospect and further the amount awarded under the head of funeral expenses is grossly inadequate, which deserves to be enhanced. 6. To support his argument, the learned counsel placed reliance on the judgment of the Apex Court rendered in the case of National Insurance Company Limited v. Pranay Sethi and others, 2017 ACJ 2700 : ( AIR 2017 SC 5157 ). 7. No other point has been raised by the learned Counsel for the appellant. 8. Learned Counsel for the Insurance Company though admitted the fact that no amount towards future prospect has been granted to the appellant by the Tribunal, however, he submits that the compensation towards funeral expenses has been rightly granted by the Tribunal, and there is no illegality and infirmity in the impugned award. 9. We have examined the submissions of the learned Counsel for the appellant and learned Counsel for the Insurance Company and perused the record. 10. It is an admitted fact that while passing the impugned award, the tribunal has not added the income towards future prospect of the deceased and thus committed an error in not adding the income towards future prospect. 11. The Apex Court in Pranay Sethi ( AIR 2017 SC 5157 ) (supra) has held that the benefit of future prospect cannot be denied to a self-employed person. The Apex Court has further held that where the deceased was below the age of 40 years, an addition of 40% of the established income; where the deceased was between 40 to 50 years, an addition of 25% of the established income; and where the deceased was between 50 to 60 years, an addition of 10%, should be granted towards future prospect. 12. Perusal of the impugned award reveals that at the time of accident, deceased was aged about 46 years as opined by the Tribunal, therefore, the claimants/appellants are entitled to get 25% of the established income towards future prospects. 13. 12. Perusal of the impugned award reveals that at the time of accident, deceased was aged about 46 years as opined by the Tribunal, therefore, the claimants/appellants are entitled to get 25% of the established income towards future prospects. 13. So far as the contention of the appellants with regard to granting lesser amount towards funeral expenses is concerned, the Apex Court in Pranay Sethi ( AIR 2017 SC 5157 ) (supra) has held that reasonable figures under conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. In the present case, we find that the Tribunal has granted Rs. 10,000/- towards loss of love and affection and Rs. 3000/- towards funeral expenses. This shows that the Tribunal has awarded lesser amount in respect of funeral expenses as held by the Apex Court in Pranay Sethi's case (supra). Thus, we are of the considered view that the claimants are held to be entitled to Rs. 15,000/- on account of funeral expenses and Rs. 10,000/- towards loss of love and affection as awarded by the Tribunal. 14. For the reasons aforesaid the amount of compensation, which is payable to the claimants/appellants under various head is as under:-- Head Amount Monthly Salary Rs.3000/- Add 25 per cent for future prospects (+)Rs.750/- Deduction @1/3rd for living and personal expenses (-) Rs.1250/- Total Monthly dependency Rs.2500/- Annual Dependency Rs.2500 x 12 = Rs.30,000/- 15. The total loss of dependency is therefore Rs. 30,000/- x 13' = Rs. 3,90,000/-. The compensation under the conventional head: Conventional Head Amount Funeral Expenses Rs.15,000/- Loss of Love & Affection Rs.10,000/- Total Rs.25,000/- 16. Thus, the appellants/claimants are entitled to get a sum of (Rs. 3,90,000/- + Rs. 25,000/-) = Rs. 4,15,000/- as compensation. The interest on the said amount is retained at the same rate as was awarded by the Tribunal. The respondent-Insurance Company is directed to pay enhanced amount of compensation along with interest within eight weeks from today, failing which, the claimants/appellants are entitled to get interest @ 9% for delayed payment of compensation. 17. Accordingly, the present appeal is allowed partly and the impugned award of the Tribunal is modified to the above extent. Registry is directed to transmit the lower Court record to the Tribunal concerned forthwith.