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2018 DIGILAW 881 (JHR)

Permila Devi v. Sri. Inderdeo Choudhary

2018-04-18

RAJESH KUMAR

body2018
JUDGMENT Rajesh Kumar, J. - Heard learned counsel for the appellants and learned counsel for the respondent No. 3. 2. In spite of service of notice, no one appears on behalf of the respondent Nos.1 and 2 (owner and driver of offending vehicle). 3. It appears that the claimants, wife, sons and daughter of the deceased Mr. Shivlal Mallah, claimed compensation. It has been stated that an accident took place on 12.09.2008 at 11:00 p.m. while deceased was going to attend the call of nature. All of sudden, one Commandar Jeep No. JH-02C-4505, came rashly and negligently and dashed him. The deceased sustained serious injuries and he was admitted to Hospital for treatment where in course of treatment, he died on 13.09.2008, for which a case has been lodged at Barhi Police Station being Barhi P.S. Case No. 187 of 2008 4. The wife, sons and daughter of the deceased have filed a Claim Case before the District Judge-V-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal (MVACT), Hazaribagh and accordingly, a Compensation Case No. 02 of 2009 has been instituted in which after taking evidence and hearing the parties the learned Claim Tribunal has returned its finding. 1. Age of the deceased was 50 years. 2. Monthly income is Rs. 8,000 3. Number of dependent is 4 (four). 4. Personal Expenditure ?rd. 5. On the basis of above findings, the Claim Tribunal has calculated the compensation amount and Claim Tribunal has Awarded Rs. 7,11,000/- as compensation with interest @ 6% from the date of filing of claim case. 6. Learned counsel for the appellants has confined his prayer and has not challenged the findings returned by the Claim Tribunal 7. In view of the above submission, findings recorded by the Claim Tribunal remains unchallenged, accordingly the same is accepted by this Court. 8. Learned counsel for the appellants has relied upon the judgment rendered by the Apex Court in the case of National Insurance Company Ltd. v. Pranay Sethi and Ors. reported in AIR 2017 SC 5157 . 9. Applying the principle declared by Hon''ble Apex Court in the above judgment the calculation for compensation is being made:- Age of the deceased 50 years Multiplier-13 Monthly Income = Rs. 8000/- Deduction ? = Rs. 2667/- Rs. 5333/- Yearly income (5333 X 12 = Rs. 63996/-) 10% towards future prospects Rs. 63996+6399.6 =6400= Rs. 70396/- Multiplier of 13 as per Age Rs. 8000/- Deduction ? = Rs. 2667/- Rs. 5333/- Yearly income (5333 X 12 = Rs. 63996/-) 10% towards future prospects Rs. 63996+6399.6 =6400= Rs. 70396/- Multiplier of 13 as per Age Rs. 70,396 x 13 = Rs. 9,15,148/- Towards other expenditure = + Rs. 70,000/- Total Amount = Rs. 9,85,148/- Awarded amount by the MACT - Rs. 7,11,000/- Enhanced Compensation = Rs. 2,74,148/- 10. Accordingly, the present appeal is disposed of with only modification in the Award that the appellants will be entitled for further enhanced amount of Rs. 2,74,148/- with @ 6% interest from the date of filing of the present appeal i.e. 11.09.2014.