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Judgment
[1] This appeal is filed by the original claimants. They seek enhancement of the compensation awarded by the Motor Accident Claims Tribunal by the impugned award dated 11.04.2018. They filed IA No.2 of 2019 for taking additional evidence on record. Such additional evidence is in the form of Permanent Resident Certificate of the deceased issued by the Sub-Divisional Magistrate, Amarpur, South Tripura on 03.03.2010 and Transfer Certificate/School Leaving Certificate issued by the Government school where the deceased was studying. The applicants have produced copies of these documents along with the interlocutory application. They are allowed to produce the original which are taken on record.
The principle contention in the appeal is about the correct age of the deceased who died in a vehicular accident and whose dependants claimants are in appeal. The Claims Tribunal had estimated the age of the deceased at 26 years on the basis of post mortem report. The claimants could not produce any documentary proof of the age of the deceased. Now they have been able to produce two important documents namely the Permanent Resident Certificate issued by the Sub-Divisional Magistrate, Amarpur, South Tripura and School Leaving Certificate issue by the Government school where the deceased was studying.
[2] In view of such facts, these additional documents are allowed to be brought on record. Interlocutory application is Allowed.
[3] The deceased Sambahari Jamatia died in a vehicular accident which took place on 17.03.2011. His widow, minor son and aged mother filed a claim petition before the Claims Tribunal. The Tribunal after one round of remand passed the impugned award and awarded compensation of Rs.10,07,068/- (rupees ten lakhs seven thousand and sixty eight). The Tribunal believed that the income of the deceased at Rs.5,000/-(rupees five thousand) per month, granted 40% for future rise, deducted 1/3rd for his personal expenditure and applied a multiplier of 17, considering the estimated age of the deceased to arrive at a sum of Rs.9,52,068/-by way of loss of dependency benefits. The Tribunal further awarded Rs.40,000/- for loss of consortium and Rs.15,000/-towards funeral expenses. Thus, the total of Rs.10,07,068/- was arrived at.
[4] Having heard learned counsel for the parties, I find that as per the additional documents produced in this appeal, the age of the deceased has to be taken at 20 years at the time of accident. The School Leaving Certificate as well as the Permanent Resident Certificate indicate his date of birth as 02.03.1991 on the date of accident thus he was 20 years of age. Multiplier of 18 instead of 17 would be applicable. Rest of the calculations of income and future rise in income would remain the same. The loss of dependency benefit would thus be worked out as under:
Current income of Rs.5,000/- per month. By applying 40% rise the prospective income would come to Rs.7,000/- per month, deducting 1/3rd or Rs.2333/- for the personal expenditure from the said sum net available for the family would be Rs.4666/-per month i.e. Rs.55,992/- rounded off to Rs.56,000/- per annum. Applying multiplier of 18, loss of dependency benefit would come to Rs.10,08,000/-, a further sum of Rs.70,000/- would be added towards conventional heads bringing the gross compensation payable to the claimants at Rs.10,78,000/-. The claimants would thus receive additional compensation of Rs.70,932/-. Such amount shall be deposited by the BSF before the Claims Tribunal with simple interest @ 7% per annum from the date of claim petition till actual payment. This shall be done within two months from today. Considering that the accident is an old one, upon such deposit the entire amount would be released in favour of the widow of the deceased and the minor son in equal share.
[5] Appeal is disposed of accordingly. Pending application(s), if any, also stands disposed of.