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2019 DIGILAW 165 (UTT)

Kripal Singh v. Mohd. Ashraf

2019-03-06

ALOK SINGH

body2019
JUDGMENT : (1) Present appeal has been preferred by the appellants-claimants against the judgment and award dated 01.12.2009 passed by the Motor Accident Claims Tribunal/Additional District Judge, Kashipur, Udham Singh Nagar in M.A.C.P. No.140 of 2008, Kripal Singh & another vs. Mohd. Ashraf & others, whereby the learned Tribunal has allowed the claim petition and awarded an amount of Rs.1,64,000/- along with interest @ 6% per annum thereon from the date of filing of the claim petition till the date of realization. However, the Tribunal had granted liberty to the insurance company to recover the same from the owner of the offending vehicle. (2) Brief facts of the case are that a claim petition was filed by the claimants, unfortunate father and mother of the deceased alleging therein that on 29.03.2008 at about 1:00 PM, when deceased (Raj Pal @ Kishan Pal) was coming from Piplia Pump to his house at Tanda Banjara Sultanpur Patti on his bicycle, a truck bearing no.HR-38-J-8592 dashed the deceased from behind, due to which, the victim sustained serious injuries and died. At the time of accident, the deceased was 18 years of age and was earning a sum of Rs.5000/- per month. (3) The Tribunal, after considering the material evidence on record, held that the driver of the truck was driving the vehicle rashly and negligently, which resulted in the accident causing death of the deceased. The Tribunal further found that the driver of the truck was not having a valid licence and that the vehicle was insured with the Bajaj Allianz General Insurance Co. Ltd. Ultimately, the Tribunal allowed the claim petition for a total sum of Rs.1,64,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of realization. (4) The Tribunal, after considering the evidence led by the parties, assessed the income of the deceased at Rs.3,000/- per month (or say Rs.3,000/- x 12 = Rs.36,000/- per annum). After deducting half of the annual salary of the deceased towards the expenses which he would have incurred towards maintaining himself had he been alive, the claimants’ dependency was assessed at Rs.18,000/- per annum (Rs.36,000 x 1/2nd = Rs.18,000). By multiplying the annual dependency of Rs.18,000/-with the multiplier of ‘9’, the compensation was worked out to Rs.1,62,000/- (Rs.18,000 x 9= Rs.1,62,000). By multiplying the annual dependency of Rs.18,000/-with the multiplier of ‘9’, the compensation was worked out to Rs.1,62,000/- (Rs.18,000 x 9= Rs.1,62,000). Besides this, the Tribunal has awarded a sum of Rs.2,000/- for funeral expenses along with 6% interest from the date of filing the claim petition. (5) Learned counsel for the appellants vehemently contended that the Tribunal has wrongly applied the multiplier of ‘9’ on the basis of the age of the dependants; and the multiplier should depend on the age of the deceased and not on the basis of the dependants. In Munna Lal Jain vs. Vipin Kumar Sharma (2015) 6 SCC 347 , a three Judge Bench of Hon’ble Supreme Court held that the multiplier should depend on the age of the deceased and not on the age of the dependants. In Sarla Verma & Ors vs. Delhi Transport Corp. & another AIR 2009 SC 3104 , a two Judge Bench of Hon’ble Supreme Court has held that the multiplier should be chosen from the table provided under the Second Schedule with reference to the age of the deceased. Considering the aforesaid principle of law, this Court is of the opinion that since the deceased was 18 years of age on the date of incident, hence, the multiplier of ‘16’ should have been applied by the Tribunal. (6) So far as 50% deduction for personal and living expenses of the deceased is concerned, the Tribunal has rightly deducted the same, in as much as, Hon’ble Supreme Court in Sarla Verma’s case (supra) held that 50% would be deducted as the personal and living expenses of the bachelor and 50% as the contribution to the family. The Tribunal has rightly deducted half (½) of the annual salary of the deceased towards the expenses which he would have incurred towards maintaining himself had he been alive. Thus, after deducting one-half of the annual salary of the deceased towards the expenses which he would have incurred towards maintaining himself had he been alive, the claimants’ dependency is, now, assessed at Rs.18,000/- per annum (Rs.36,000 minus ½ of Rs.36,000 = Rs.18,000). (7) Now, by multiplying the annual dependency of Rs.18,000/-with the multiplier of ‘16’ (as has been held in preceding paras of this judgment), the compensation is worked out to Rs.2,88,000/- (Rs.18,000 x 16 = Rs.2,88,000). (8) The next question falling for consideration is the rate of interest to be awarded. (7) Now, by multiplying the annual dependency of Rs.18,000/-with the multiplier of ‘16’ (as has been held in preceding paras of this judgment), the compensation is worked out to Rs.2,88,000/- (Rs.18,000 x 16 = Rs.2,88,000). (8) The next question falling for consideration is the rate of interest to be awarded. In the instant case, the Tribunal has awarded interest at the rate of 6 per cent. In Amresh Kumari vs. Niranjan Lal Jagdish Prasad Jain, (2015) 4 SCC 433 and Mohinder Kaur & Ors. vs. Hira Nand Sindhi, (2015) 4 SCC 434 , Hon’ble Supreme Court has awarded the interest at the rate of nine per cent. Considering the facts of the case, this Court feels that the rate of interest should be 7% per annum from the date of filing of the claim petition till the realization of amount. (9) Learned counsel for the appellants further relied upon a decision of Hon’ble Supreme Court in Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram & others in Civil Appeal No.9581 of 2018 decided on 18.09.2018, wherein Hon’ble Supreme Court has awarded a sum of Rs.50,000/- towards the love and affection to the father and sister of the deceased. Considering the social strata of the claimants, this Court is of the considered view that a sum of Rs.50,000/-, (instead of Rs.1,00,000/- for the father & the mother of the deceased) should be granted to the claimants towards the love & affection. Apart from this, the appellants are also entitled for the funeral expenses @ Rs.10,000/-. (10) In view of above, this Court is of the opinion that apart from the compensation of Rs.2,88,000/-, the appellants are also entitled for damages in the following manner: Sl. No. Heads Calculation (Amount in Rs.) 1. Loss of love & affection 50,000/- 2. Funeral expenses 10,000/- (11) In this way, a total compensation of Rs.3,48,000/- is awarded to the claimants. The said amount of compensation will carry interest at the rate of seven percent (7%) per annum from the date of filing of claim petition till realization. (12) The present appeal is party allowed and the impugned award of the Tribunal is modified in terms of above. The insurance company will follow the doctrine of “pay and recover”. No order as to costs.