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2022 DIGILAW 1662 (SC)

Heeralal v. Ramprasad

2022-10-13

AJAY RASTOGI, C.T.RAVIKUMAR

body2022
ORDER 1. Leave granted. 2. The present appeals have been filed at the instance of the appel-lants/claimants for enhancement of compensation which has been declined by the High Court under the judgments impugned dated 26.04.2016 & 19.07.2016 passed in MA No. 1638/2015 and RP No. 174/2016 respectively. 3. The claimants are the parents and younger siblings of the deceased who lost their son/brother in the fateful accident which took place on 02.06.2013 because of the vehicle (Tractor) been rashly and negligently driven by respondent no. 1. 4. The claim petition was filed at the instance of the present appel-lants/claimants for the alleged accident. The Tribunal under its award dated 18.07.2014 granted them total compensation of Rs.2,66,000/- which came to be challenged by the appellants/claimants in appeal before the High Court. 5. The High Court dismissed the appeal as barred by limitation by an order dated 26.04.2016 and review later on filed was also dismissed vide judgment impugned dated 19.07.2016. 6. Heard learned counsel for the parties. 7. The first option for this Court was either to condone the delay and remit the matter to the High Court to decide it afresh on merits. But looking to the fact that the accident was occurred in the year 2013 and almost 10 years have elapsed by now and factual matrix on record is not in dispute, we deem it appropriate to consider the grievances raised by the appellants/claimants on merits rather than remit the matters to the High Court for reappraisal. 8. After we have heard learned counsel for the parties and the facts brought on record, which are not in dispute that at the time of accident, the deceased was at the young age of 20 years and was in the occupation of agriculture and he left behind five dependents(parents and three younger siblings), consider it appropriate to compute the compensation in the following manner: (Monthly Income - deduction on personal expense + 40% furtherance x 12 x Multiplier + loss of consortium and funeral expenses) Rs. [{(4000-1/2 = 2000)+ 40% = 2800} x 12 x 18] = 6,04,000+2,00,000 = 8,04,000/- 9. The balance amount in terms of the above computation, after adjustment of the compensation paid/awarded, shall be made over by the Insurance Company(respondent no. [{(4000-1/2 = 2000)+ 40% = 2800} x 12 x 18] = 6,04,000+2,00,000 = 8,04,000/- 9. The balance amount in terms of the above computation, after adjustment of the compensation paid/awarded, shall be made over by the Insurance Company(respondent no. 3) along with 7% interest per annum from the date of the accident(02.06.2013) to the Motor Accidents Claim Tribunal within a period of eight weeks from today and the Tribunal, after due verification, disburse the same to the respective appellants/claimants in terms of the apportionment made by the Tribunal under the Award. 10. With the aforesaid modification, the appeals stand disposed of. 11. Pending application(s), if any, shall stand disposed of.