Himachal Road Transport Corporation vs Mrs. Inumoni Begum

Heard learned counsel Mr. S. Dutta for the appellant and also heard Ms. D. Das Roy for the respondents.

The appeal has been preferred against the order dated 4.5.2010 passed in MAC Case No. 2639/2008 wherein appellant has been directed to pay of

sum of Rs. 10,59,000/- as award.

It is mentioned here that the claim petition was preferred by claimant Inumoni Begum u/s 166 MV Act, praying for compensation for the death of

her husband Mozammil Ali in a motor vehicle accident on 24.4.2008 when he was travelling by vehicle No. HP 48-4519. On the fateful day while

said Mozammil Ali was travelling in the aforesaid vehicle, due to the rash and negligent driving of the bus, the said vehicle met an accident and fell into

a road side ditch, as a result of which said person died. The wife of the said person and the parents preferred the claim petition before the Tribunal

contending that the deceased died due to the rash and negligent driving of the vehicle and the victim was a constable, having monthly salary of Rs.

9058/- and all the claimants were dependent upon his income and hence the compensation was sought for. The opposite party Himachal Road

Transport Corporation (appellant herein) filed the written statement denying the allegation by submitting that the compensation claimed is highly

excessuve and claimant has to prove the case by strict evidence.

On the pleadings, necessary issues were framed by the Tribunal and after examination of witnesses and the document produced, learned Tribunal

answered the issues in favour of the claimant that the accident occurred due to the rash and negligent driving of the vehicle and the claimants that is

wife and parents of the deceased is entitled for compensation. Taking into account the age of the deceased who was 29 years old at the time of his

death and his monthly net income after deducting all necessary statutory deduction the Tribunal awarded a sum of Rs. 10,59,000/- as computing the

50% of future prospect of Rs. 3,48,000/-., by relying on the decision of the Hon’ble Supreme Court Smti. Sarla Verma and others Vs Delhi

Transport and another reported 2009 (2 TAC) 677 (SC) while calculating the salary of the deceased person the same was found to be Rs. 6,96,000/-

(total amount) and 50% of the said amount that is Rs. 3,48,000 was also added towards future prospect while calculating of loss of dependency. While

awarding the amount, Ld. Tribunal awarded 6 per cent interest on the whole amount from the date of filing of the claim petition in payment along with

direction to apportionment of the award as indicated in the order.

Initially, the appeal was preferred against the finding of the Tribunal as against the addition of 50 per cent of salary as against the loss of

dependency by the Tribunal on the contention that the Tribunal has committed error while adding such 50 per cent of the actual salary towards the

future prospect of the deceased income. However, in the course of hearing of the appeal, learned senior counsel Mr. Dutta has fairly submitted that in

view of the changing of law and prevailant pronouncement of the Apex Court as well as by this Court that the working employee is entitled to such 50

per cent of future prospect, they are not now challenging the said aspect but referring to a decision of this Court in MAC Appeal No. 277/2010 Mithu

Bhattacharjee Vs. Md. Alam Badar dated 9.3.2018 and 2 Ors. and also the decision of MAC No. 96/2009 Oriental Insurance Company Vs.

Sulochana Devi dated 23.4.2014, it has been contended that there cannot be interest upon the future prospect. It has now the settled position of law

that no interest can be imposed upon such income of future prospect and that being so, interest that has been awarded by the Tribunal has to be

dispensed with.

Learned counsel for respondent has submitted that such a contention was not raised before the Tribunal at the relevant time. But as has been

indicated above, the prevailing law in certain aspect cannot be ignored when it is brought to the notice of the Court and it has binding force upon the

Courts.

Considering all entirety of the matter as the appellant has not assailed the other findings of the Tribunal save and except portion of the aforesaid

future prospect and also in view of the proper findings of the Tribunal on the basis of matters on record, the same order of the Tribunal is upheld only

subject to the condition that 6 (six) per cent interest that was awarded for the future prospect on the amount of Rs. 3,48,000/- is hereby dispensed

with. The insurance company/the appellant will now pay the remaining amount of the compensation after adjusting all the earlier amount that has been

paid including the statutory deposit if any. The said amount will be deposited before the registry within 6 (six) weeks from today and the registry will

disburse the amount in terms of the award after taking note the earlier payment as per the record. The LCR be returned to the concern Tribunal. Â