United India Insurance Company Limited v. Seema Kumawat (Kumhar)
2019-04-29
SABINA
body2019
DigiLaw.ai
JUDGMENT : SABINA, J. Appellant-Insurance Company has filed this appeal, challenging the award dated 26.10.2018 passed by the Motor Accident Claims Tribunal, whereby, claim petition filed the claimants, was allowed. 2. Learned counsel for the appellant has submitted that the present appeal has been filed challenging the quantum of compensation awarded to the claimants. Tribunal has erred in basing reliance on Exhibit-17 and Exhibit- 18 salary certificates. 3. Learned counsel for respondents No. 1 to 4 has opposed the appeal and has submitted that the learned Tribunal has rightly taken the income of the deceased as per Exhibit-17 and Exhibit 18 and calculated the compensation amount. 4. Claimants had filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of death of Kantilal in the motor-vehicle accident which had occurred on 29.10.2013. 5. Learned Tribunal has assessed the age of the deceased as 38 years (not under challenge in the appeal) at the time of accident and has rightly applied the multiplier of ‘15’. 6. Learned Tribunal has assessed the income of the deceased on the basis of salary certificates Exhibit-17 and Exhibit-18 issued by the PNC Infratech Limited. However, the person, who had issued the said certificates has not been examined as a witness before the Tribunal. Hence, Tribunal has erred in basing reliance on Exhibit-17 and Exhibit 18 while assessing the income of the deceased. Income of the deceased was liable to be taken as Rs. 4,836/- per month in view of the minimum wages fixed by the State, at the relevant time vis-a-vis skilled worker as the deceased was working as a tractor driver. 7. Keeping in view the number of claimants, ¼th out of the income of the deceased was liable to be deducted towards his personal expenses. 8. Thus, the dependency of the claimants comes to = Rs. 3,627/- (Rs. 4,836-Rs. 1,209) × 12 × 15 = Rs. 6,52,860/-. Claimants would be further entitled to receive an addition of 40% of the said amount towards loss of future prospects of the deceased and the said amount comes to Rs. 2,61,144/-. Claimants would be further entitled to receive Rs. 40,000/- towards loss of consortium and Rs. 15,000/- towards funeral expenses. 9. Thus, the total amount of compensation liable to be received by the claimants comes to Rs. 6,52,860/- + Rs. 2,61,144/- + Rs. 40,000/- + Rs. 15,000/- = Rs.
2,61,144/-. Claimants would be further entitled to receive Rs. 40,000/- towards loss of consortium and Rs. 15,000/- towards funeral expenses. 9. Thus, the total amount of compensation liable to be received by the claimants comes to Rs. 6,52,860/- + Rs. 2,61,144/- + Rs. 40,000/- + Rs. 15,000/- = Rs. 9,69,004/-. 10. Accordingly, this appeal is allowed. Impugned award dated 26.10.2018 passed by the Tribunal is modified to the extent that the claimants would be entitled to receive compensation to the tune of Rs. 9,69,004/- instead of Rs. 21,91,525/- awarded by the Tribunal. The remaining terms and conditions of the award shall remain unchanged.