HEIRS AND LEGAL REPRESENTATIVE OF DECD. SHAKIL SAMSUDDIN v. JASUBHA DANABHAI SOLANKI
2018-01-12
AKIL KURESHI
body2018
DigiLaw.ai
JUDGMENT : 1. This appeal is filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Veraval, dated 22.10.2003 in MACP No.558 of 1999. 2. Brief facts are as under. 3. On 31.07.1992, one Shakil Samsuddin was traveling as a pillion rider of a scooter when the vehicle collided with an autorickshaw causing fatal injuries to the pillion rider. He was aged 21 years at the time of accident. Claimants who filed the claim petition comprised of his mother, younger brother and elder brother who was stated to be mentally and physically challenged. They pointed out that the deceased was running a teastall and claimed that he was earning income of Rs.2,000/per month from such business. The Claims Tribunal believed the income of the deceased of Rs.1,500/per month, reduced 1/3rd thereto towards the personal expenditure of the deceased and adopted the multiplier of 18 to work out a sum of Rs.1,08,000/for loss of dependency benefits. The Tribunal awarded a sum of Rs.10,000/for mental shock and agony and Rs.2,000/for funeral expenses. Total compensation of Rs.1,20,000/was thus awarded to the claimants. 4. Having heard learned advocates for the parties and having perused the materials on record, there is no scope for modifying the income of Rs.1,500/believed by the Tribunal. However, the Tribunal should have granted 40% increase for future rise as per the judgment of Supreme Court in case of National Insurance Company Ltd. v. Pranay Sethi and Ors. reported in 2017 (3) GLR 536. This would bring the prospective income of the deceased at Rs.2100/per month. 50% thereof would be set apart for his personal expenditure since he was a bachelor as provided by the Supreme Court in case of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr reported in (2009) 6 SCC 121 . This would leave a sum of Rs.1050/for the benefit of the family per month or Rs.12,600/per annum. Applying a multiplier of 18, the loss of dependency benefit would come to Rs.2,26,800/rounded off to Rs.2,27,000/. The claimants would receive a further sum of Rs.15,000/towards loss of estate and Rs.15,000/for funeral expenses as provided by the Supreme Court in case of Pranay Sethi (supra). The total compensation thus payable would come to Rs.2,57,000/.
Applying a multiplier of 18, the loss of dependency benefit would come to Rs.2,26,800/rounded off to Rs.2,27,000/. The claimants would receive a further sum of Rs.15,000/towards loss of estate and Rs.15,000/for funeral expenses as provided by the Supreme Court in case of Pranay Sethi (supra). The total compensation thus payable would come to Rs.2,57,000/. The Tribunal having awarded a sum of Rs.1,20,000/, the claimant would receive additional compensation of Rs.1,37,000/paid by the opponents jointly and severally at the rate of 8% per annum till actual date of payment. Same clause of pay and recovery provided by the Claims Tribunal shall apply to the additional compensation also. Award is modified accordingly. 5. Appeal is disposed of. R & P to be transmitted back to the trial Court.