Deepika Kapoor and Others vs Sampat Singh and Others

J.K. Ranka, J.�Instant civil misc. appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 11/03/2005 passed by the Motor Accident Claims Tribunal, Jaipur and Judge, Essential Commodities Act, Jaipur (for short ''Tribunal'') in claim case No. 614/2004 (2287/2001), whereby the Tribunal has partially allowed the claim petition filed by the claimants/appellants and granted an award of Rs. 8,32,000/- as compensation in favour of the claimants/appellants.

The brief facts, as emerging on the face of record, are that on 06/08/2001 Mr. Jogendra Singh Kapoor was going by Scooter bearing No. RJ-14-22M-5558 with moderate speed and on the correct (left) side of the road, when he reached in front of L.B. Engineering Works, a truck bearing No. RJ-14-G-9409, which was coming from Khatipura side and was being driven by one Mr. Sampat Singh -respondent No. 1 in a rash and negligent manner with high speed, hit the Scooter and on account of the said accident Mr. Jogendra Singh sustained grievous injuries and thereafter died and his Scooter was also badly damaged.

An FIR to this effect was registered in the concerned Police Station and thereafter, a challan was also filed in the competent Court against the respondent No. 1 Sampat Singh.

The Tribunal after analyzing the evidence & materials available on record, came to the conclusion that the deceased was an Income Tax payer and for the period when he was alive, considering last Income Tax return accepted the income shown by the deceased at Rs. 68,240/-, which was mentioned in the return filed by the claimant/appellant for the year 2000-2001.

It was observed by the Tribunal that the return for the assessment year 2002-2003 cannot be accepted as it appears to be inflated and it was not supported by any other material. The Tribunal after considering the judgments of the Hon''ble Apex Court allowed the aforesaid claim.

Claimants/appellants have filed this appeal as according to them, the award passed by Tribunal, is too meagre or small and therefore, needs enhancement.

None present on behalf of the claimants/appellants nor on behalf of the respondents though notices have been duly served as per office report.

I have considered the impugned award minutely as also perused the record of the Tribunal and in my view, the Tribunal after considering the evidence and other material available on record, has rightly come to the conclusion that the income is required to be adopted on the basis of the Income Tax return for the assessment year 2000-2001 at Rs. 68,240/- and in my view, the Tribunal has not erred in adopting the said income. In my view, the return for the assessment year 2002-2003 has rightly been discarded by the Tribunal and it cannot be relied upon particularly in view of the fact that the deceased died on 06/08/2001 and return, if any, of late Shri Jogendra Singh Kapoor the deceased could have been filed only upto 06/08/2001 when he was alive. However, on perusal of the return of income (Exhibit-19), it is noticed that the return of income is for the assessment year 2002-03 i.e. the period from 01/04/2001 to 31/03/2002 filed by Smt. Deepika Kapoor, though certainly as legal heir of the deceased but it could not have been filed for the entire year & after 06/08/2001 wife of the deceased Smt. Deepika Kapoor ought to have filed a separate return after the death of the deceased, if the same business continued or otherwise and therefore, the contentions of the claimants that even after death, the income of the entire year is to be considered in my view, has rightly been rejected by the Tribunal.

I also do not find placing on record, copy of the Income Tax Return for the assessment year 2001-2002 (Financial year ended on 31/03/2001), the said return of income could have been vital as nearer to the time of death of the deceased. When the claimants/appellants have filed return of income for the assessment year 2000-2001 (Financial year ended on 31/03/2000 exhibit-18) so also assessment year 2002-2003 (Financial year ended on 31/03/2002-exhibit-19) then no reason is forthcoming as to why return of income for the assessment year 2001-2002 has not been placed on record, therefore, also in my view basing return of income for the assessment year 2000-2001 is proper and justified.

Accordingly, in my view, the Tribunal has rightly adopted income at Rs. 68,240/- which needs no interference. However, in so far as the future prospects is concerned, the Tribunal has only allowed enhancement of Rs. 10,000/- inasmuch as after adopting income at Rs. 68,240/-, the Tribunal though accepted future prospect but has increased the income to Rs. 78,000/- which in my view, appears to be on the lower side, in the light of the judgment of Hon''ble Apex Court rendered in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , after taking into consideration the issue of future prospect has held that in a case where the deceased is aged below 40 years, the enhancement is required to be made by 50%, however, where the deceased is aged between 40-50 years, the enhancement is directed to be made at 30%. Thus, looking to the aforesaid and also the fact that at the time of the incident, the deceased was aged about 43 years, in my view, it would be appropriate to increase/enhance income by 30% of Rs. 68,240/-.

Since the dependents are three, the Tribunal has rightly deducted 1/3rd of the said amount.

In so far as other head is concerned, in my view, the amount allowed on conventional head at Rs. 50,000/- appears to be on the lower side and therefore, I direct it to be raised to Rs. 75,000/-, and an amount of Rs. 5,000/- is directed to be allowed on account of funeral expenses, other amount directed by the Tribunal appears to be fair and

With the aforesaid observations, the compensation is re-computed here-under:--

Accordingly, the claim is enhanced from Rs. 8,32,000/- as allowed by the Tribunal to Rs. 9,09,988/- or say 78,000/- as above.

Since the amount of Rs. 8,32,000/- has already been paid by the Tribunal, the Tribunal shall make endeavour to pay/deposit the balance amount of Rs. 78,000/- within a period of two months from the date of receipt of certified copy of this order alongwith interest @ 6% per annum from the date of filing of the claim petition which shall be calculated by the Tribunal on the enhanced claim.

Thus, the appeal is partly allowed. The impugned order/award dated 11/03/2005 is modified to the extent that the enhanced amount of compensation of Rs. 78,000/- with interest will be paid by the non-petitioner the Insurance Company. The Tribunal is directed to keep Rs. 25,000/- each with interest in the account of all the three claimants in FDR''s for five years and pay balance amount along with interest to Smt. Deepika Kapoor wife of the deceased by Bank Draft/Banker Cheque.

The appeal is partly allowed, as indicated above. Since no one has appeared, let a copy of this order be sent to Tribunal and to appellant No. 1. No costs.