Chila Devi And Others vs Succha Singh And Others

Lok Pal Singh, J

These appeals, preferred under Section 173 of the Motor Vehicle Act are directed against the judgment/award dated 06.05.2011 passed by Motor Accident Claims Tribunal/District Judge, District Udham Singh Nagar, in M.A.C.P. Case No. 249 of 2009, Smt. Chila Devi and another Vs. Succha Singh & others, whereby the claim petition of the claimants/respondent has been partly allowed and compensation to the tune of Rs. 9,24,900/- was awarded to them to be paid by the Insurance Compnay within two month from the date of passing the award.

Brief facts of the case are that on 10.07.2009, at about 12.00 to 12.30 P.M., Yogember Singh (deceased) was going from Kashipur to his house situated at Bazjpur Road on his motorcycle bearing registration no. U.A.-06H 0115 being driven by him at a slow speed on the left side of road. As soon as he reached ESSAR petrol pump near Nehar ki puliya, a truck bearing registration no. H.R.-55C-0712 which was being driven by its driver rashly and negligently, hit the motorcycle from behind. Due to the impact, he fell down and suffered grievous injuries. Padem Singh neighbour of the deceased Yogember Singh Rawat was also present on the place of accident as he was returning to his house from Kashipur. He is also an eye witness of the said accident. After the said accident, the injured-deceased was sent to Kashipur by 108 Service Ambulance by some local persons, but he died on his way to the Govt. Hospital. It is also contended that an F.I.R. was also lodged at Police Station-I.T.I., Kashipur in respect of the said accident. At the time of accident the deceased was aged 52 years, and was an ex-serviceman and was getting pension of Rs. 13,500/- per month. The deceased left behind his wife and son. The claim petition was filed seeking compensation to the tune of Rs. 25,00,000/-.

On the pleadings of the parties, learned tribunal framed necessary issues and recorded the evidence. The Motor Accident Claims Tribunal after hearing the parties, awarded compensation of Rs. 9,24,900/- to the claimants. The tribunal has directed that the amount of compensation be paid by the Insurance Company within a period of two months from the date of award failing which the Insurance Company shall pay interest @7% per annum to the claimant from the date of institution of the claim petition till the date of actual payment.

Heard learned counsel for the parties and perused the lower court record.

There is no dispute between the parties as to the fact that deceased Yogember Singh died on 10.07.2009 in an accident in which truck no. HR-55C-0712 was involved. There is also no dispute as to the fact that the truck was driven by the respondent Succha Singh. It is also not in dispute that the offending vehicle was insured on the date of accident. These facts are proved by the claimants before the Motor Accident Claims Tribunal by adducing necessary oral and documentary evidence.

Both the appeals are filed on a limited question of quantum of compensation directed to be paid the claimants/respondents after assessing the annual income of the deceased.

Learned counsel for the Insurance Company would submit that the learned Tribunal has erred in law and has awarded compensation on higher side by applying wrong multiplier, as such, the impugned Award is excessive.

In the opinion of this Court, the Tribunal has rightly deducted 1/3 part from the personal expenses of the deceased and has rightly arrived at the figure of Rs. 83,900/-, which the deceased would have spent on his family members during his lifetime. The tribunal on the death of a 52 years old man, after applying a multiplier of 11 has assessed the amount of compensation at Rs. 9,22,900/- to be paid to the claimants/respondents, which cannot be said to an excessive amount from any stretch of imagination.

Both the appeals are devoid of merit and are liable to be dismissed. The same are hereby dismissed. No order as to costs.

The statutory amount deposited by the appellant before this Court be remitted to the Tribunal concerned.