Mohni W/o Shri Manga Ram v. Mohseen Khan S/o Shri Mehboob Khan
2018-07-27
ARUN BHANSALI
body2018
DigiLaw.ai
JUDGMENT : 1. These appeals for enhancement of compensation are directed against the awards dated 3/3/2009 passed by the Motor Accident Claims Tribunal, Parbatsar (‘the Tribunal’), whereby, the Tribunal has awarded a sum of Rs.5,40,000/- towards death of Badri Lal and Rs.2,45,000/- towards death of Smt. Kamla to the claimants along with interest @ 6% p.a. from the date of applications i.e. 2/2/2006. 2. The applications for compensation were filed by the claimants – parents/in-laws and children of deceased Badri Lal and Smt. Kamla with the averments that on 5/12/2005 Badri Lal & Smt. Kamla were travelling in bus AP-13-W-9078 when the driver of the bus while driving the bus rashly and negligently could not maintain control, resulting in the bus turning turtle and Badri Lal and Smt. Kamla suffering injuries to which they succumbed. Compensation to the tune of Rs.60,50,000/- for the death of Badri Lal and Rs.28,78,000/- for the death of Smt. Kamla was claimed. 3. The non-claimants remained ex-parte. 4. The Insurance Company filed its reply and denied the averments made in the applications. It was claimed that the driver was not in possession of a valid and effective driving licence and prayed that the applications be dismissed. 5. The Tribunal framed five issues. On behalf of the claimants, three witnesses were examined and 28 documents were exhibited and on behalf of non-claimant no evidence was led. 6. After hearing the parties, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the bus and the driver was in possession of valid driving licence. While assessing the quantum of compensation as the claimants had exhibited the Income Tax returns (‘ITR’) of deceased Badri Lal as Ex.21, 22 and 23, wherein, for Assessment Year 2005-06 rounded off income of the deceased was Rs.60,000/-, the Tribunal after deducting 1/3rd towards personal expenses and applying multiplier of 13, awarded a compensation of Rs.5,20,000/- towards loss of income and further awarded Rs.18,000/- towards loss of love and affection to the claimants.
For death of Smt. Kamla, the claimants had claimed her income from agricultural operations and home making at Rs.3,000/- p.m., however, the Tribunal assessed the income at Rs.15,000/- per annum and applying the multiplier of 15 assessed the loss of income at Rs.2,25,000/-, awarded funeral expenses at Rs.2,000/- and Rs.18,000/- towards loss of love and affection and in all awarded compensation amount to Rs.2,45,000/-. 7. Learned counsel for the appellant submitted that the Tribunal committed error in awarding meagre compensation. It was submitted that compensation now is required to be calculated on the basis of judgment of Hon’ble Supreme Court in National Insurance Company Ltd. vs. Pranay Sethi & Ors. : AIR 2017 SC 5157 , wherein, the Supreme Court observed that claimants are entitled for grant of future prospects even in case of a self employed person and that the income of the deceased Smt. Kamla was required to be assessed at minimum wages and not at Rs.15,000/- annually and, therefore, the compensation be recalculated. 8. Learned counsel for the Insurance Company supported the award impugned. It was submitted that the compensation awarded is in tune with the law as it existed at the relevant time and same does not call for any interference. 9. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 10. Insofar as the claim pertaining to death of Badri Lal is concerned, the Tribunal assessed the income based on the ITR filed by the deceased before his death, which reflected the rounded off income of Rs.60,000/- for the year after deducting Income Tax and taking age of the deceased at 46 years, deducting 1/4th towards personal expenses as number of dependents on the deceased were 06 in number, the compensation is required to be assessed in light of the judgment in the case of Pranay Sethi (supra) and Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 121 as under: Heads Rs. Loss of Income : 60,000 x 13=7,80,000 – (¼)1,95,000 5,85,000/- Future Prospects @ 25% 1,46,250/- Funeral expenses + other conventional heads 30,000/- Total 7,61,250/- 11.
v. Delhi Transport Corporation & Anr. (2009) 6 SCC 121 as under: Heads Rs. Loss of Income : 60,000 x 13=7,80,000 – (¼)1,95,000 5,85,000/- Future Prospects @ 25% 1,46,250/- Funeral expenses + other conventional heads 30,000/- Total 7,61,250/- 11. In case of Smt. Kamla, the Tribunal was not justified in taking the notional income of Rs.15,000/- as even as home maker she was contributing to the family and, therefore, her income is required to be assessed at minimum wages per month, which at the relevant time was Rs.1898/- p.m. and her age has been taken by the Tribunal at 42 years and six persons being dependent on her, deduction is required to be made in light of the judgment in the case of Pranay Sethi (supra) and Sarla Verma (supra) as under: Heads Rs. Loss of Income : 1898 x 12 x14 = 3,18,864 – (¼) 79,716 2,39,148/- Future Prospects @ 25% 59,787/- Funeral expenses + other conventional heads 30,000/- Total 3,28,935/- rounded off 3,29,000/- 12. In view of the above, the claimants would be entitled to further compensation of Rs.2,21,250/- in case of death of Badri Lal and Rs. 84,000/- in case of death of Smt. Kamla along with interest at the rate of 6% p.a. from the date of application i.e. 2/2/2006. 13. Consequently, the appeals are partly allowed. The awards dated 3/3/2009 are modified to the extent that claimants would be entitled to further compensation to the tune of Rs.2,21,250/- in claim case no. 30/2006 and Rs.84,000/- in claim case no. 31/2006 along with interest @ 6% p.a. from the date of application i.e. 2/2/2006. The amount be disbursed in the Saving Bank Accounts of the claimants in proportion as per the award impugned. The Insurance Company would deposit the amount with the Tribunal within a period of four weeks from the date of this judgment.