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2018 DIGILAW 356 (MP)

Rinku v. Ravi

2018-03-23

ROHIT ARYAROHIT ARYA

body2018
ORDER 1. This miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 30.6.2016 passed in Claim Case No. 124/2015 by Member Motor Accidents Claims Tribunal, Barwani. 2. Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 24.9.2015 deceased Ghanshyam @ Shyam along with his friend Sagar @ Santosh Khande going towards Dhamnod, the truck bearing registration No. 46-MJ-2326 driven by respondent No. 2 negligently and rashly dashed the motorcycle from back side as a result, the deceased (Ghanshyam) had suffered grievous injuries on various parts of the body. During the course of treatment, he died at District Hospital, Barwani. 3. Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was earning at least Rs. 5,000/- per month being driver and other works. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased. 4. The claimants/appellants have challenged the amount of compensation awarded by the Tribunal on the premise that the compensation awarded is meager and on the lower side on various heads and even future prospects of the deceased have not been awarded appropriately. Hence, the compensation has to be enhanced. 5. Learned counsel for the Insurance Company has supported the impugned award. On merits, it is submitted that looking to the facts and circumstances of the case, the amount awarded by the Tribunal is just and proper and no enhancement is called for. However, the disability of the insurance company is not disputed. Accordingly, prayed for dismissal of the appeal. 6. Heard. 7. It is established from the material available on record that the accident took place by the offending vehicle and the offending vehicle was duly insured with the respondent No. 3/Insurance Company. The deceased suffered grievous injuries in the accident in question and died during the course of treatment. 8. The moot question to be addressed upon in the appeal preferred by the claimants is as to whether the tribunal was justified awarding Rs. 5,73,750/- loss of dependency, Rs. 1,00,000/- for loss of consortium, Rs. 25,000/- funeral expenses, loss of estate Rs. 10,000/-; total compensation of Rs. 7,08,750/-. 9. 8. The moot question to be addressed upon in the appeal preferred by the claimants is as to whether the tribunal was justified awarding Rs. 5,73,750/- loss of dependency, Rs. 1,00,000/- for loss of consortium, Rs. 25,000/- funeral expenses, loss of estate Rs. 10,000/-; total compensation of Rs. 7,08,750/-. 9. Having gone through the impugned award and looking to the fact that deceased was 28 years of age on the date of accident loss of earning/dependency and his future prospects have not been assessed properly. Hence, in the opinion of this Court, the amount awarded by the Tribunal is on the lower side and needs to be enhanced appropriately. 10. The finding of the tribunal as regards earning of the deceased as determined is incorrect. Therefore, the finding as regards earning of the deceased is totally perverse and absolutely unreasonable. Considering the fact that the deceased was supporting his family by earning, the income of deceased is assessed as Rs. 4,000/- per month. The tribunal has not awarded under the head 'future prospects'. Hence, the amount of compensation has to be awarded under the said head Keeping in mind the principle laid down by the Hon'ble Supreme Court in [ 2018(1) JLJ 200 (SC)= 2017 ACJ 2700 ], National Insurance Company Limited v. Pranay Sethi and others and the age of the deceased as 28 years, the claimants are entitled for future prospects of 40%; thus Rs. 4,000/- + 1,600/- = 5,600/- x 12 = 67,200/- (after deduction of 1/4th towards personal expenses), it comes to Rs. 50,400/-. The deceased as per post-mortem report found to be 28 years of age. Hence, the multiplier 17' is appropriate multiplier. After deducting 1/4th towards personal expenses of the deceased, out of Rs. 67,200/- , i.e., Rs. 50,400/-, the amount comes to Rs. 50,400/- x 17 = total dependency comes to Rs. 8,56,800/-. 11. The Tribunal has awarded the compensation on the heads as follows : (i) Towards loss of dependency Rs. 5,73,750/- (ii) Towards consortium Rs. 1,00,000/- (iii) Towards funeral expenses Rs. 25,000/- (iv) Loss of estate Rs. 10,000/- Total Rs. 7,08,750/- 12. 50,400/-, the amount comes to Rs. 50,400/- x 17 = total dependency comes to Rs. 8,56,800/-. 11. The Tribunal has awarded the compensation on the heads as follows : (i) Towards loss of dependency Rs. 5,73,750/- (ii) Towards consortium Rs. 1,00,000/- (iii) Towards funeral expenses Rs. 25,000/- (iv) Loss of estate Rs. 10,000/- Total Rs. 7,08,750/- 12. Bearing in mind the principle laid down by the Hon'ble Supreme Court in the case of National Insurance Company Limited (supra), and to meet the ends of justice, the compensation awarded by the Tribunal is substituted and the claimants are entitled for just compensation as follows : (i) Towards loss of dependency (with 40% future prospect) Rs. 8,56,800/- (ii) Other Heads Rs. 70,000/- Total Rs. 9,26,800/- 13. As such, the total amount awarded to the claimants is from Rs. 7,08,750/- to Rs. 9,26,800/- - (i.e., the enhanced amount comes to Rs. 2,18,050/-), with interest at the rate as fixed by the Tribunal in the award which is ordered accordingly to be payable to the claimants as directed by the Tribunal in the same apportionment. The enhanced amount of compensation Rs. 2,18,050/- shall be payable to the claimants within 12 weeks from the date of production of a certified copy of this order. Rest of the award impugned passed by the Tribunal shall remain intact. 14. Appeal stands allowed to the aforesaid extent and disposed of with no order as to costs.