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2021 DIGILAW 303 (MP)

Vidhya Devi v. U. P. State Transport Corporation

2021-03-03

RAJEEV KUMAR SHRIVASTAVA

body2021
JUDGMENT 1. Assailing the award dated 1.2.2011 passed by Sixth Additional Additional Motor Accident Claims Tribunal (Fast Track), Lahar, District Bhind in Claim Case No. 40/2010, on the point of inadequacy of the compensation, this appeal has been preferred by the appellants/claimants under section 173(1) of the Motor Vehicles Act, 1988. 2. It is pertinent to mention here that in the present case the appellants-claimants had filed IA No. 253/2014 for reducing the valuation of the memo of appeal, which was allowed by this Court vide order dated 14.8.2014. Thus, the appellants have confined his prayer before this Court for grant of compensation to the tune of Rs.2.00 lacs. in addition to the compensation already awarded by the Claims Tribunal. 3. Since the Tribunal has found that the accident has occurred and in the accident Lalta Prasad has died, therefore, it is not necessary to narrate the entire facts in detail as to the manner the accident has occurred, to burden the judgment on the said issues. This appeal is being decided only on the point of inadequacy of the compensation. 4. In this appeal, learned counsel for the claimants prayed that the amount of compensation awarded by the Claims Tribunal is on lower side. It is submitted that the accident is of the year 2010, at that time Collector's rate was prevailing as Rs.3995/- per month but the Tribunal has assumed monthly income of the deceased only at Rs.2400/- per month. No amount under future prospect has been awarded and the amount awarded against conventional heads is very less. Hence, the amount under award should be enhanced reasonably. 5. Per Contra, learned counsel for the respondents have opposed the submissions and have submitted that the Tribunal has rightly assumed the monthly income of the deceased, therefore, no interference is required to be made by this Court. 6. On going through the record, it is found that the alleged accident took place in the year 2010 and at the time of accident the deceased was 54 years of age. He was earning from agricultural operations. The Tribunal has presumed Rs.2,400/- per month as notional income of the deceased, whereas at the relevant time monthly income as per Collector's rate was Rs.3,995/-. He was earning from agricultural operations. The Tribunal has presumed Rs.2,400/- per month as notional income of the deceased, whereas at the relevant time monthly income as per Collector's rate was Rs.3,995/-. Therefore, in the opinion of this Court, the monthly income assumed by the Tribunal appears to be on lower side and it can be safely held that the deceased was earning Rs.3,500/- per month. Further, since the deceased was 54 years of the age at the time of accident, therefore, the appellants are entitled to get future prospect as observed in National Insurance Company Ltd. v. Pranay Sethi and others [ 2018(1) JLJ 200 = (2017) 16 SCC 680 ]. 7. In view of the aforesaid discussion, the appellants are entitled to the compensation as under :- Heads Compensation Awarded Income Rs.3,500/- per month Future Prospects Rs.350/- per month (i.e., 10% of the income) Deduction towards personal expenditure Rs.1,283/- per month (i.e., 1/3rd of the total income (3,500+350) Total Income after deduction of personal expenses Rs. 2,567/- per month (3,850- 1,283) Multiplier 11 Loss of future income Rs. 3,38,844/- (Rs.2,567 x 12 x 11) Loss of Consortium Rs. 40,000/- Loss of Estate, love and affection and pain & suffering, etc. Rs. 15,000/- Funeral Expenses Rs. 15,000/- Total Compensation Payable Rs. 4,08,844/- 8. The Claims Tribunal has awarded compensation of Rs. 2,26,200/-. Thus, the appellants-claimants are held entitled to receive enhanced amount of Rs.1,82,644/- in addition to the amount of compensation already awarded by the Claims Tribunal, making the total compensation of Rs.4,08,844/-. The enhanced amount shall carry interest @ 7% per annum from the date of filing of claim petition till the realisation. The said amount be paid within a period of sixty days from the date of the order passed by this Court. 9. In the facts of the case, the parties are directed to bear their own costs. G.S. Chouhan for appellants; R.P. Gupta for respondent No.1.