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2020 DIGILAW 752 (ALL)

Vimla Devi v. Deepak Singh

2020-03-06

NARENDRA KUMAR JOHARI, VED PRAKASH VAISH

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JUDGMENT : Ved Prakash Vaish, J. 1. The appellants by filing the present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act') have challenged the award dated 25th May, 2015, passed by learned Motor Accident Claims Tribunal, Lucknow (in short 'the Tribunal') in Motor Accident Claim Petition No.16500542 of 2010. 2. Briefly stating the facts of the present appeal are that the appellants-claimants filed a claim petition invoking Section 166 of the M.V. Act claiming compensation; the Tribunal directed respondent no.2-Bharti Axa General Life Insurance Co. Ltd (Insurer) to pay the compensation amount of Rs.16,76,300/-(Rupees Sixteen Lacs Seventy Six Thousand and Three Hundred Only) on account of death of Sri Arvind Kumar (husband of claimant no.1). The case of the claimants (appellants) is that Sri Arvind Kumar (the deceased) died in a motor vehicular accident that occurred on 20th August, 2010, upon returning the finding that it had involved use of tractor (offending vehicle) bearing Registration No.UP-78/AT-1147 which was concededly insured with respondent no.2-Bharti Axa General Life Insurance Co. Ltd. The offending vehicle was registered in the name of Sri Deepak Kumar (first respondent before the Tribunal); the deceased-Arvind Kumar was aged about 40 years and was working as a Constable in the Police Department and was getting monthly salary of Rs.18,520/-; claimant no.2, Sri Moti Lal is father of the deceased, Smt. Vimla Devi is widow of the deceased and claimants no.3 to 8 are sons and daughter of the deceased. 3. The Tribunal, after inquiry, held that the deceased, Arvind Kumar was aged about 40 years; the Tribunal assessed income of the deceased at Rs.18,520/-per month; the Tribunal applied multiplier of fifteen. After deducting 50% of the income towards personal and living expenses. The Tribunal also awarded a sum of Rs.2,000/-towards funeral expenses, Rs.2,500/-towards loss of estate and Rs.5,000/-towards love and affection. Thus, the Tribunal awarded a sum of Rs.16,76,300/-along with interest @ 6% per annum from the date of filing of the petition till realization. 4. Against the said backdrop, the appellants-claimants have filed the present appeal for enhancement of the compensation. 5. Learned counsel for the appellants urged that the deceased, Arvind Kumar was Constable in the Police Department and was getting salary of Rs.18,520/-per month. 4. Against the said backdrop, the appellants-claimants have filed the present appeal for enhancement of the compensation. 5. Learned counsel for the appellants urged that the deceased, Arvind Kumar was Constable in the Police Department and was getting salary of Rs.18,520/-per month. He further submitted that the Tribunal should have deducted 1/5th towards personal and living expenses whereas the Tribunal has wrongly deducted 50% towards personal and living expenses. The Tribunal has not awarded future prospects. According to him, the appellants are entitled to addition of 50% of the income towards future prospects in view of the law laid down by the Hon'ble Supreme Court in 'National Insurance Company Limited v. Pranay Sethi and Ors.', (2017) 16 SCC 680 . 6. On the other hand, learned counsel for respondent no.2-Bharti Axa General Life Insurance Co. Ltd submitted that the deceased left behind six minor children and for the purpose of calculation of number of family members, a minor dependent will be counted as half as per Rule 220-A (2) (iii) of the Uttar Pradesh Motor Vehicles Rules, 1988. According to him, the number of dependent family members would come to five and therefore, deduction towards personal and living expenses of the deceased should be one-fourth (1/4th). 7. Learned counsel for the respondent no.2 also submitted that the deceased was about 40 years of age at the time of accident, the age of the deceased should be considered between 40 to 50 years. Therefore, the claimants are entitled to an addition of 30% on account of future prospects. 8. During the course of arguments, appellants fairly conceded that income of the appellant has been rightly considered as Rs.18,520/-per month and the Tribunal has rightly applied the multiplier of fifteen. 9. We have given our thoughtful consideration to the submissions advanced by Sri Manoj Kumar Dixit, learned counsel for the appellants and Sri Dinesh Kumar, learned counsel for the respondents and have also carefully perused the material available on record. 10. Admittedly, the deceased-Arvind Kumar was below the age of 40 years (as per School Certificate which is on record of the Tribunal, the date of birth of the deceased was 05.09.1970) who died in a motor vehicular accident that occurred on 20th August, 2010, the offending vehicle was insured with respondent no.2-Bharti Axa General Life Insurance Co. 10. Admittedly, the deceased-Arvind Kumar was below the age of 40 years (as per School Certificate which is on record of the Tribunal, the date of birth of the deceased was 05.09.1970) who died in a motor vehicular accident that occurred on 20th August, 2010, the offending vehicle was insured with respondent no.2-Bharti Axa General Life Insurance Co. Ltd. It is not disputed that the claimant no.1 is widow of the deceased, claimant no.2-late Sri Moti Lal is father of the deceased, claimants no.3 to 7 are sons and claimant no.8 is daughter of the deceased; all the six children were minor at the time of the death of the deceased-Arvind Kumar. As per Rule 220-A (2) (iii) of the Uttar Pradesh Motor Vehicles Rules, 1988, for the purpose of calculation of number of family members in clause (ii) of the Rule, a minor dependent will be counted as half. 11. Applying the law laid down in 'Smt. Sarla Verma and Ors. v. Delhi Transport Corporation and Anr.', (2009) 6 SCC 121 , the deduction towards personal and living expenses of the deceased, should be one-fourth(1/4th ) where the number of dependent family members is four to six. Thus, the appellants are entitled to the amount of Rs.18,520/-x 12 =Rs.2,22,240/-minus Rs.55,560/-(1/4th deduction towards personal and living expenses) = Rs.1,66,680/-and after applying the multiplier of fifteen, the claimants are entitled to Rs.25,00,200/-towards loss of dependency. 12. In the instant case, the deceased was aged about 40 years. As per the law laid down in Pranay Sethi's case (supra), the claimants/ appellants are entitled to the addition of 50% of the income of the deceased on account of future prospects. 13. So far as the loss of estate, loss of consortium and funeral expenses are concerned, the Constitution Bench of this Court in Pranay Sethi's case (supra) has held that the appropriate amount under the said heads would be Rs.15,000/-towards funeral expenses, Rs.15,000/-towards loss of estate and Rs.40,000/- towards loss of consortium. 14. Thus, the appellants are entitled to the following amount of compensation: a) Loss of Dependency Rs.25,00,200/- b) Future prospects Rs.12,50,100/- c) Loss of Consortium Rs.40,000/- d) Funeral Expenses Rs.15,000/- e) Loss of Estate Rs.15,000/- Total Rs.38,20,300/- 15. 14. Thus, the appellants are entitled to the following amount of compensation: a) Loss of Dependency Rs.25,00,200/- b) Future prospects Rs.12,50,100/- c) Loss of Consortium Rs.40,000/- d) Funeral Expenses Rs.15,000/- e) Loss of Estate Rs.15,000/- Total Rs.38,20,300/- 15. In view of the above discussion, the award dated 25th May, 2015, passed by learned Motor Accident Claims Tribunal, Lucknow in Motor Accident Claim Petition No.16500542 of 2010 is modified and respondent no.2-Bharti Axa General Life Insurance Co. Ltd is directed to pay compensation of Rs.38,20,300/-(Rupees Thirty Eight Lac Twenty Thousand and Three Hundred Only) along with interest @ 6 % per annum from the date of filing of the petition till realization within a period of thirty days whereafter the awarded amount be released to the appellants/ claimants in terms of the award. However, if any amount has been paid or deposited by the insurance company, the same will be adjusted in the said amount of compensation. 16. The appeal and pending application, if any, stand disposed of. 17. Lower court record be sent back to the Tribunal immediately.