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2020 DIGILAW 330 (JK)

Vaishno Devi v. Rajinder Singh

2020-07-21

SANJEEV KUMAR

body2020
Judgment This appeal filed by the appellants (hereinafter referred to as the ‘claimants’) is directed against the award dated 5th July, 2015 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the ‘Tribunal) in file No. 450/2012 titled “Vaishno Devi and others vs. Rajinder Singh and others, whereby the Tribunal has awarded a sum of Rs.6,13000/- along with pendent lite and future interest at the rate of 7.5% per annum, to be paid by the insurance company. 2. The claimants are dissatisfied with the amount of compensation awarded and seek the enhancement, inter alia, on the following grounds: (i). That the Tribunal has committed a serious error in adopting the applicable multiplier with reference to the age of the claimants, whereas the same was required to be adopted keeping in view the age of the deceased. (ii) That the deduction to the extent of 50% of the income made by the Tribunal on account of personal expenses is also erroneous, while as, having regard to the number of dependents of the deceased, it ought to have been applied at the rate of 1/3rd of the income. (iii) That, for assessment of loss of dependency, the Tribunal has omitted to take into consideration the loss of future prospects. (iv) That the sums awarded under the conventional heads are also not in consonance with the law. 3 Having heard learned counsel for the claimants and perused the record, I am of the view that the impugned award deserves modification. 4 Learned counsel for the claimants is absolutely correct in its submission that the applicable multiplier, to be adopted for assessment of compensation, is to be adopted with reference to the age of the deceased and not the claimants. 5 The Judgments of Hon’ble the Supreme Court rendered in the cases of Sarla Verma and others vs Delhi Transport Corporation and another, (2009) 6 SCC 121 and National Insurance Company Ltd. Vs Pranay Sethi and others, AIR 2017 SC 5157 ) are clear on the point. 6 In the instant case, the deceased was a bachelor, aged 22 years, and therefore, the applicable multiplier as per Sarla Verma’s case (supra) is 18, whereas the Tribunal has applied multiplier of 14 taking the average age of the claimants as 45 years. The applicability of the multiplier by the Tribunal was, thus, clearly erroneous. 6 In the instant case, the deceased was a bachelor, aged 22 years, and therefore, the applicable multiplier as per Sarla Verma’s case (supra) is 18, whereas the Tribunal has applied multiplier of 14 taking the average age of the claimants as 45 years. The applicability of the multiplier by the Tribunal was, thus, clearly erroneous. The Tribunal has taken the established income of the deceased as Rs.7000/- per month, but has omitted to increase the same by 40% by way of loss of future prospects. 7 Since the deceased was a bachelor and was survived by parents and major brothers, as such, the Tribunal was right in applying the deduction at the rate of 50% of the income. It is not a case where the deceased was survived by number of dependents including old parents and minor brothers and sisters where the deduction at the rate of 1/3rd may be permissible. The legal position in this regard is well enunciated in the case of Sarla Verma (supra). 8 So far as the compensation under the conventional heads is concerned, it is now settled that the claimants would be entitled to a fixed amount of Rs.15000/- for funeral expenses and Rs.15000/- for loss of estate. The parents would also be entitled to filial consortium of Rs.40000/- each. 9 In view of the aforesaid discussion, this Court finds the claimants entitled to the following sums as compensation: Loss of dependency Rs.4900 x12 x 18 (Rs.7000+40%-50%) Rs. 10,58,400/- Funeral expenses: Rs.15000/-(instead of Rs.25000/- as awarded by the Tribunal. Loss of estate Rs.15000/-(not awarded by the Tribunal) Loss of filial consortium payable to mother i.e claimant No.1 Rs.40000/- Loss of filial consortium payable to father i.e claimant No.2 Rs.40000/- Total: Rs.11,68,400/- 10 Accordingly, the present appeal is partly allowed and the award is enhanced to the aforesaid extent. Let the balance amount which is payable under this order be deposited in the Registry of this Court within two months. On deposit, the same shall be released in favour of the claimants in terms of the impugned award.