Anand Rani and Ors. vs Anil Kumar and Ors.

Mansoor Ahmad Mir, C.J. (Oral) - This appeal is directed against the judgment and award dated 30.10.2009, made by the Motor Accident Claims Tribunal Una, H.P. in MAC Petition No. 13 of 2008, titled Smt. Anand Rani and others v. Sh. Anil Kumar and others, for short "the Tribunal", whereby compensation to the tune of Rs. 1,10,000/- along with interest @ 9% per annum was awarded in favour of the claimant No. 1 Smt. Anand Rani, hereinafter referred to as "the impugned award", for short.

The claimants have questioned the impugned award on the ground of adequacy of compensation and also that all the claimants are entitled to compensation.

The driver, owner and insurer have not questioned the impugned award on any ground. Thus, it has attained finality so far as it relates to them.

Claimants had sought compensation as per the breaks-ups given in the claim petition which was resisted and contested by the respondents and following issues came to be framed.

(i) Whether the deceased Siri Ram Joshi died in an accident caused due to the rash and negligent driving of the vehicle by respondent No. 2 owned by respondent No. 1? OPP

(ii) If issue No. 1 is decided in affirmative to what amount of compensation the petitioners are entitled to and from whom? OPP

(iii) Whether the vehicle was being plied ion contravention of the terms and conditions of the insurance policy and respondent No. 3 is not liable to pay compensation?

(iv) Relief.

Parties have led the evidence.

There is no dispute about issues No. 1 and 3. The dispute revolves around issue No. 2 only.

Admittedly, the deceased was 83 years of age at the time of accident and was drawing Rs. 15878/- as pension at the time of death. The claimants are sons, daughters and widow. All the claimants are entitled to compensation as they have lost father and husband. Learned counsel for the appellant/claimant prayed that the amount may be awarded only in favour of the widow. Thus, the compensation is to be awarded only to the widow.

The claimant has lost source of income and partner during the old age. Money is no substitute. Keeping all the things in view, it can be safely said that the claimant has lost source of dependency to the tune of Rs. 10,000/- per month keeping in view the 2nd Schedule of Motor Vehicles Act, for short the Act, read with Sarla Verma and others v. Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 and upheld in Reshma Kumari and others v. Madan Mohan and another, reported in 2013 AIR SCW 3120, multiplier of "5" is applicable in this case.

Viewed thus, the claimant is held entitled to the tune of Rs. 10,000 x 12 x 5 = Rs. 6,00,000/-, under the head "Loss of income"

I hold that the claimants are also entitled to compensation under the following heads as under:

(i)

Loss of love and affection

:

Rs. 10,000/-

(ii)

Loss of estate

:

Rs. 10,000/-

(iii)

Funeral expenses

:

Rs. 10,000/-

(iv)

Loss of consortium

:

Rs. 10,000/-

Total

Rs. 40,000/-

Accordingly, the total amount of compensation is awarded in favour of the claimants to the tune of Rs. 6,00,000+Rs.40,000/- = Rs. 6,40,000/-. Thus, in all, the claimant is held entitled to Rs. 6,40,000/-, with interest at the rate of 7.5% per annum from the date of impugned award on the enhanced amount.

Having said so, the impugned award is modified as indicated herein above. The insurer is directed to deposit the amount in this Registry within six weeks from today. The Registry, on deposit of the amount, is directed to release the same in favour of the claimant Anand Rani Joshi, through payees'' cheque account or by deposing the same in her bank account, strictly in terms of the conditions contained in the impugned award.

The appeal stands disposed of accordingly.

Send down the record forthwith, after placing a copy of this judgment.