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Judgment
The appellants have preferred this appeal seeking enhancement of the compensation awarded vide judgment dated 22.3.2002 passed by Motor Accident Claims Tribunal, Bhilwara.
The unfortunate accident happened on 1.2.1993 between two vehicles. The deceased Anil Yadav was Khallasi in mini truck no. HR 26/6195 (truck A) which was coming from Bhilwara to Ajmer. When the truck reached near Rayla, at that time, another truck no.DIG 5840 (truck B) was coming from opposite side.
Learned counsel for the appellants makes a limited submission that if there was composite negligence, then the truck B was insured and ought to have been held jointly liable with truck A, as mentioned in the site plan.
Learned counsel for the respondent insurance company explained the site plan and has shown as to how the truck 'A' has gone on the absolute wrong side and hit truck 'B' which was on the right side. Thus, it is clear that it was the negligent and rash driving of truck 'A' which caused the accident.
After hearing the learned counsel for the parties and after perusing the record, in particular site plan,, this Court is of the opinion that the view taken by the learned Tribunal was correct and it is the truck 'A' alone which is responsible for the accident in question as it travelled in the extreme wrong side and hit the truck 'B' which was travelling in the right side. Hence, no interference is called for in the impugned award on this issue.
After concluding as above, learned counsel for the parties were jointly asked to submit the calculation afresh as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. ; AIR 2017 SC 5157, which they have furnished before this Court and the same reads as follows: -
Age of the Deceased
22
Multiplier
18
Future Prospects
40%
Deduction on count of Personal Expenses
1/3
Monthly Income of the Deceased
Rs.1,800/-
Monthly Income after adding Future Prospects
Rs.2,520/
Monthly Income after deducting Personal Expenses
Rs.1,680/-
Yearly Income of the deceased
Rs.20,160/-
Total Income after applying Multiplier
Rs.3,62,880/
Other Conventional Heads
Rs.70,000/-
Total Compensation
Rs.4,32,880/-
Compensation awarded by Tribunal
Rs.2,16,600/
Enhanced Compensation.
Rs.2,16,280/-
With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.2,16,280/- is granted which shall be payable by the driver and owner only along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made. It is made clear that the respondent insurance company shall have no liability.
The appeal is accordingly disposed of. All pending applications also stand disposed of.