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2024 DIGILAW 1504 (RAJ)

Saraswati W/o Bhanwar Singh v. Pukhraj S/o Ramlal Gurjar

2024-11-04

REKHA BORANA

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ORDER : 1. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 02.05.2016 passed by the Motor Accident Claims Tribunal, Bhilwara in MAC Case No. 173/2011. The learned Tribunal, vide impugned judgment/award dated 02.05.2016 awarded a sum of Rs. 11,40,840/- in favour of the claimants alongwith interest @ 6% per annum from the date of filing of claim petition i.e. 17.02.2011. 2. Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 02.12.2010, Bhanwar Singh, accompanied by Satish Kumar, was traveling in a tempo bearing registration No. RJ-06-PA-1055. At approximately 8:15 PM, upon reaching the Chittorgarh-Bhilwara National Highway near Atoon, a trailer with registration No. RJ-26-GA-1178 owned by respondent No. 2 approached from the direction of Chittorgarh. The said vehicle being driven rashly and negligently, caused a collision, resulting in the fatality of Bhanwar Singh due to the sustained injuries. FIR No. 278/2010 pertaining to this incident was lodged at Police Station Sadar Bhilwara. The offending vehicle, on the date of accident, was insured with respondent No. 3 – Insurance Company. 3. The appellants-claimants are dependants of deceased Bhanwar Singh. The claimants claimed compensation to the tune of Rs. 50,50,000/-. However, the learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs. 5,962/- awarded total compensation of Rs. 11,40,840/- in favour of the claimants- appellants, the break-up of which is as under: 1. Income per month (after deduction towards personal expenses (1/5) in the monthly income of Rs. 5,962/-) Rs. 4,770/- 2. Loss of Annual Income (as per the age of 35 years of the deceased, multiplier of 16) 4770 x 12 x 16 = Rs. 9,15,840/- 3. Under the head of ‘consortium’ Rs. 2,00,000/- 4. Under the head of ‘Funeral expenses’ Rs. 25,000/- 5. Total amount of compensation awarded by the Tribunal Rs. 11,40,840/- Learned Tribunal also awarded interest @ 6% per annum from the date of filing of the claim petition. 4. Averring the compensation to be meagre, the claimants appellants have preferred the present appeal. Learned counsel for the appellants raised the following grounds: (i) Firstly, the deceased was employed as a Senior fitter at Nitin Spinner Limited, Hamirgarh. 11,40,840/- Learned Tribunal also awarded interest @ 6% per annum from the date of filing of the claim petition. 4. Averring the compensation to be meagre, the claimants appellants have preferred the present appeal. Learned counsel for the appellants raised the following grounds: (i) Firstly, the deceased was employed as a Senior fitter at Nitin Spinner Limited, Hamirgarh. However, the learned Tribunal erroneously overlooked the evidence (Exhibit-34) qua the monthly income of the deceased and rendered a nominal compensation award in favour of the appellants-claimants while assessing the income of the deceased to be only Rs. 5,962/- per month. (ii) Secondly, the learned Tribunal erred in omitting to take into consideration the future prospects of the deceased while computing the loss of income which is in total contravention to principles/guidelines as laid down in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors. (2017) 16 SCC 680 . (iii) Thirdly, the learned Tribunal committed a significant error in its adjudication by providing insufficient compensation qua the conventional heads. 5. Heard learned counsel for the parties and perused the material available on record. 6. Coming on the first ground regarding the income of the deceased, admittedly, pay slip of deceased drawn by Nitin Spinner Limited, Hamirgarh for November and December 2010 (Exhibit Nos. 34 & 35) have been placed on record. A bare perusal of the same reflects that the deceased was drawing a Basic Pay of Rs. 6,200/- and House Rent Allowance of Rs. 1,240/- This Court is of the opinion that the learned Tribunal erred in taking into consideration the deductions qua loan, EPF and other advances while computing the salary of the deceased. This Court holds that the income of the deceased deserves to be computed @ Rs. 7,440/- per month (Basic Pay + House Rent Allowance). 7. Regarding the ground qua the amount to be awarded under the head of the consortium, the Hon’ble Apex Court, in the case of Pranay Sethi (supra), has fixed the amount payable under the conventional heads, namely, loss of estate, loss of consortium and funeral expenses to be Rs. 15,000/- or Rs. 40,000/- and Rs. 15,000/- respectively. Further, the Hon’ble Apex Court, in the case of Magma General Insurance Co. Ltd. Vs. 15,000/- or Rs. 40,000/- and Rs. 15,000/- respectively. Further, the Hon’ble Apex Court, in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram Alias Chuhru Ram, (2018) 18 SCC 130 interpreted ‘consortium’ to be a compendious term, which encompasses spousal consortium, parental consortium as well as filial consortium. 8. Therefore, this Court is of the opinion that the amount of Rs. 40,000/- is to be awarded under the head of ‘loss of consortium’ to each of the dependants. Further, the said amount deserves to be enhanced at the rate of 10% every three years from the date of the judgment of Pranay Sethi (supra), i.e. 2017 and therefore, the amount to be awarded under the head ‘loss of consortium’ would be Rs. 48,000/-. 9. On the above analysis, the amount under the conventional heads, after enhancement, is modified as under: Loss of estate Rs. 15,000/- Loss of consortium Rs. 48,000/- to each dependant Funeral expenses Rs. 15,000/- 10. Based on the arguments regarding compensation concerning the future potential of the deceased, the multiplier linked to the age of the deceased and the deduction from his income qua personal expenses, this Court draws upon the precedent set in the case of Sarla Verma and Ors. Vs. Delhi Transport Corporation and Ors. (2009) 6 SCC 121 and holds that future prospects @ 40% ought to be taken into consideration, the applicable multiplier corresponding to the age of the deceased would be 16, and a deduction of 1/5 from his income qua personal expenses deserves to be made. 11. Consequently, the present appeal is partly allowed and the impugned judgment/award dated 02.05.2016 passed by the Motor Accident Claims Tribunal, Bhilwara in MAC Case No. 173/2011 is modified to the extent that the appellants-claimants shall be entitled to the following compensation: 1. Income per month (after addition of future prospects (40%) and deductions for personal and living expenses (1/5) in the monthly income of Rs. 7,440/-) Rs. 8,332/- 2. Loss of Annual Income (as per the age of 35 years of the deceased, multiplier of 16) 8,332 x 12 x 16 = Rs. 15,99,744/- 3. Under the head of ‘consortium’ 8 x 48,000 = Rs. 3,84,000 4. Under the heard of ‘loss of estate’ Rs. 15,000 5. Under the head of ‘Funeral expenses’ Rs. 15,000/- 6. Total amount of compensation Rs. 20,13,744/- 7. Amount awarded by Tribunal Rs. 11,40,840/- 8. 15,99,744/- 3. Under the head of ‘consortium’ 8 x 48,000 = Rs. 3,84,000 4. Under the heard of ‘loss of estate’ Rs. 15,000 5. Under the head of ‘Funeral expenses’ Rs. 15,000/- 6. Total amount of compensation Rs. 20,13,744/- 7. Amount awarded by Tribunal Rs. 11,40,840/- 8. Enhanced amount of compensation Rs. 20,13,744/- - Rs. 11,40,840/- [Rs. 8,72,904/-] 12. The amount awarded vide this judgment qua the head of the consortium shall not carry any interest as it already comprises of a 10% increase for every three years and has been computed to be Rs. 48,000/-. 13. The enhanced amount, excluding the amount of consortium, shall carry interest @ 6% from the date of filing of the claim petition till the actual payment is made. The respondent insurance company is directed to deposit the award amount (if not deposited yet) and the enhanced amount of compensation with the Tribunal within a period of two months from the date of receipt of the copy of this order, failing which, the enhanced amount shall carry interest @ 7.5% per annum from the date of this order till actual realization. Upon deposition, the learned Tribunal is directed to disburse the same to the claimants in terms of the award. 14. All pending applications, if any, stand disposed of.