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2024 DIGILAW 1133 (SC)

Kailash Prajapati v. Pappu @ Gurudev Singh Narvariya

2024-11-12

B.V.NAGARATHNA, N.KOTISWAR SINGH

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ORDER : 1. There is delay of 354 days in filing and 132 days in re-filing this special leave petition. 2. We have heard learned counsel for the respective parties. 3. Delay in filing and re-filing this special leave petition is condoned subject to there being no interest for the period of delay of 354 days in filing the special leave petition, in the event, the compensation is enhanced in this matter. 4. Leave granted. 5. The claimants/appellants herein are seeking enhancement of compensation owing to the death of Ramashanker in a road traffic accident that occurred on 14.06.2006, who was aged about 20 years. 6. The Third Additional Motor Vehicle Claim Tribunal, Gwalior (MACT) awarded the compensation of Rs. 2,95,100/-. 7. Not being satisfied with the said award, the claimants preferred Misc. Appeal No. 588 of 2009 before the High Court. The High Court enhanced the compensation to Rs. 3,47,520/- with interest @ 7% per annum from the date of filing of the claim petition till realisation. 8. Being dissatisfied with the said award, the claimants have preferred this appeal. 9. We have heard learned counsel for the respective parties and perused the material on record. 10. We allow the appeal in part by enhancing the compensation to be awarded to the appellants/claimants in the following terms: 1. The compensation on the head of loss of dependency is enhanced by construing the monthly earnings of the deceased as Rs. 2,500/- per month. 40% of the said amount is added towards future prospects, which would be Rs. 3,500/- (Rs. 2,500/- + Rs. 1,000/-). 2. Since, there are four dependents, only one-third of the said amount is deducted towards personal expenses of the deceased, although the deceased was a Bachelor, which would be Rs. 2,333/- (Rs. 3500/- - Rs. 1,167/-). 3. The deceased was 20 years of age at the time of fatal accident, multiplier of ‘18’ is applied and the compensation on the head of loss of dependency would be Rs. 5,04,000/- (i.e. Rs. 2,333 x 12 x 18 = 5,03,928/-) 4. On the head of loss of filial consortium @ Rs. 40,000/- per claimant, a total sum of Rs. 1,60,000/- is awarded for four claimants/appellants. 5. For loss of Estate, Rs. 15,000/- is awarded and towards funeral expenses Rs. 15,000/- is awarded. 11. Thus, the total compensation is Rs. 6,94,000/- which is as follows: Loss of dependency Rs. On the head of loss of filial consortium @ Rs. 40,000/- per claimant, a total sum of Rs. 1,60,000/- is awarded for four claimants/appellants. 5. For loss of Estate, Rs. 15,000/- is awarded and towards funeral expenses Rs. 15,000/- is awarded. 11. Thus, the total compensation is Rs. 6,94,000/- which is as follows: Loss of dependency Rs. 5,04,000/- Loss of filial consortium [Rs. 40,000/- per claimant] Rs. 1,60,000/- Loss of Estate Rs. 15,000/- Funeral expenses Rs. 15,000/- Total Rs. 6,94,000/- 12. Since, Rs. 3,47,520/- as computed by the High Court, has already been paid to the appellants/claimants, the balance compensation of Rs. 3,46,480/- shall be paid to the claimants with interest @ 7% per annum from the date of the claim petition till realisation except for 354 days of delay in filing this appeal. 13. The said compensation shall be deposited before the MACT within a period of eight weeks from today. 14. It is also necessary to observe that both MACT as well as the High Court had directed that the insurance company shall pay the amount and liberty has been reserved to the insurer to recover from the second respondent/owner. The said direction is sustained. 15. It is needless to observe that on such deposit being made by the insurance company, 15% each of the enhanced amount shall be apportioned to the brother and sister of the deceased, while 35% shall be apportioned to each of the parents of the deceased. 16. The appellants are permitted to withdraw the said amount in the aforesaid proportion on deposit of the same. 17. The Appeal is allowed in part and disposed of in the aforesaid terms. No costs. 18. Pending applications shall stand disposed of.