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2019 DIGILAW 592 (CHH)

Trivenibai v. Chetan Mohanti

2019-04-16

GAUTAM CHOURDIYA

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JUDGMENT : GAUTAM CHOURDIYA, J. 1. As both these appeals i.e. MAC No. 531/2015 & MAC No. 529/2015 arise out of the two different awards dated 12.01.2015 passed by the Additional Motor Accident Claims Tribunal, Dhamtari, C.G. in claim cases No. 127/14 and 02/14, respectively, looking to the fact that both these claim cases pertains to the same accident involving the vehicle bearing No. OR05AF/3231 owned by non-applicant No. 2/Jeetram, they are heard together and are being disposed of by this common judgment. 2. As per avements in the claim petition on 20.08.2013, at about 4.00pm while Tejram Nishad aged bout 28 years with his friend Devnarayan Dhruv were returning from the house of the sister of Devnarayan on motorcycle, non-applicant no.1 Chetan Mohanti by driving Truck bearing no. OR05AF/3231, owned by non-applicant no.2 and insured with non-applicant no.3, in a rash and negligent manner dashed the said motorcycle, as a result of which Tejram Nishad and Devnarayan suffered grievous injuries and succumbed to the same. 3. On claim petition under Section 166 of the Motor Vehicle Act (which was registered as claim case no127/2014) being filed by the wife, children & parents of deceased Tejram Nishad, 28 years of age and earning Rs.150 to 200/- per day as a Labour, the Tribunal considering the evidence led by the parties awarded total compensation of Rs.5,05,800/- with the interest @ 6 percent per annum from the date of award till realization. Likewise, on claim petition (which was registered as claim case no.02/2014) being filed by the wife, children & parents of deceased Devnarayan Dhruv, aged 30 years and earning Rs.150 to 200/- per day as a Labour, the Tribunal awarded a total sum of Rs.4,72,000/- with interest @ 6 percent per annum from the date of award till realization, the Tribunal fastened the liability on non-applicant no.3 jointly and severally along with non-applicant nos. 1 & 2 Driver and Owner of satisfying the said awards. 4. Learned counsel for the appellants/claimants submits that the Tribunal was not justified in assessing the income of both the deceased as Rs.36,000/- per annum whereas even if the minimum wages at the relevant time is considered, their per month income can be taken as Rs.5,000/-. 1 & 2 Driver and Owner of satisfying the said awards. 4. Learned counsel for the appellants/claimants submits that the Tribunal was not justified in assessing the income of both the deceased as Rs.36,000/- per annum whereas even if the minimum wages at the relevant time is considered, their per month income can be taken as Rs.5,000/-. He also submits that the Tribunal has not awarded any amount towards future prospect and considering the age of both the deceased Tejram Nishad & Devnarayan Dhruv i.e. 28 & 30 years respectively, 40% should have been granted under this head. It is further submitted that the Tribunal has awarded a meager sum towards funeral expenses, loss of estate and pain and suffering. Reliance has been placed on the decisions of the Hon’ble Supreme Court in the matters of Smt. Sarla Verma and others VS. Delhi Transport Corporation and another, (2009) 6 SCC 121 , National Insurance Co. Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680 . 5. On the other hand, learned counsel for the respondent/insurance company supports the impugned award and submits that the Tribunal considering all the relevant aspects of the matters has rightly awarded compensation which needs no interference by this Court. 6. Heard learned counsel for both the parties and perused the material available on record and the awards impugned. 7. Though, the claimants have pleaded that both the deceased were earning Rs.150 to 200/- per day as a Labour, however, no evidence in support thereof has been adduced by them. In these circumstances, their monthly income can safely taken as Rs.5,000/- per month as per minimum wages prevalent at the relevant time. Further, considering the age of both the deceased persons i.e. 28 & 30 years, the claimants in both cases are also entitled for 40% addition to their annual income towards future prospect. Thus, considering the age of both the deceased, the dependency, the nature of their job and the decisions of the Hon’ble Supreme Court in Sarla Verma, Pranay Sethi (supra), the claimants are held entitled for compensation in the following manner: MAC No.531/2015 (Claim Case No.127/14) S.I. No. Heads Calculation (in rupees) 1. Income of the deceased @ Rs.5,000/- per month. Rs.60,000/- per annum 2. 40% of (1) above to be added towards future prospects. Rs.24,000/- Rs.60,000 + Rs.24,000 = Rs.84,000/- 3. Income of the deceased @ Rs.5,000/- per month. Rs.60,000/- per annum 2. 40% of (1) above to be added towards future prospects. Rs.24,000/- Rs.60,000 + Rs.24,000 = Rs.84,000/- 3. After 1/5th deduction towards personal and living expenses of the deceased Rs.67,200/- 4. Multiplier of 16 to be applied Rs.1075,200/- 5. Towards loss of estate funeral expense and lose of consortium Rs.70,000/- 6. Total Compensation Rs.11,45,200/- Since the Tribunal has already awarded Rs.05,05,800/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.6,39,400/-. This additional amount of compensation as also the amount awarded by the Tribunal shall carry interest @ 6% per annum from the date of claim petition till realization. However, rest of the conditions of the impugned award shall remain intact. MAC No. 529/2015 (Claim Case No.02/14) S.I. No. Heads Calculation (in rupees) 1. Income of the deceased @ Rs.5,000/- per month. Rs.60,000/- per annum 2. 40% of (i) above to be added towards future prospects Rs.24,000/- Rs.60,000 + Rs.24,000 = Rs.84,000/- 3. After 1/4th deduction towards personal and living expenses of the deceased Rs.63,000/- 4. Multiplier of 16 to be applied Rs.10,08,000/- 5. Towards loss of estate, funeral expenses and towards consortium Rs.70,000/- 6. Total Compensation Rs.10,78,000/- Since the Tribunal has already awarded Rs.4,72,000/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.6,06,000/-. This additional amount of compensation as also the amount awarded by the Tribunal shall carry interest @ 6% per annum from the date of claim petition till realization. However, rest of the conditions of the impugned award shall remain intact. 8. In the result, both the appeals are allowed in part with modification in the impugned award to the above extent.