Jagannath Sahu and Others vs Ravi Dutta and Another

Rakesh Sharma, J.—Heard Sri A.K. Mehrotra, learned Counsel for the appellants and Sri A.K. Misra, learned Counsel for the respondent.

In the present case, a bereived father, represented by his legal heirs, old mother and unmarried Sister had laid a claim before the Motor Accident Claims Tribunal, Kanpur Nagar (in Short MACT) seeking compensation for the death of a youngman, Mahesh Chandra Sahu, who was 23 years'' old at the time of his death in a road accident on 19.3.1990. The MACT had assesed the worth of the death of a youngman, aged about 23 years less than Rs. One Lakh and as such had allowed compensation of Rs. 77,000/- only to the claimants. Aggrieved the claimants, whose only bread earner, had been lost in an road accident, have approached thisCourt seeking enhancement of the amount of compenseation. They have placed before the Court a latest judgment of the Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another,

As per Sri A.K. Mehrotra, learned Counsel for the appellant, appellants'' case derives strength from various observations and parameters laid down in the said judgment of the Hon''ble Apex Court. He has read some findings of the Hon''ble Apex Court and the observations made in the said judgment while arguing his case.

It emerges from the record that a Truck having registration number DIL 2615, owned by the respondent No. 1, had knocked down the Motorcycle driven by the deceased, Mahesh Chandra Sahu at G.T. Road in the City of Kanpur. The Truck was being driven rashly, carelessly and negligently. 12 issues were framed by the MACT covering the subject matter in dispute. On the basis of the documentary and oral evidence, it was found that the Truck No. DIL 2615 was being driven rashly and negligently. It had hit the Motorcycle driver, i.e., the deceased, Mahesh Chandra Sahu, who died on the spot. The Tribunal had assessed the compensation, applying the relevant principles.

As far as application of multiplier 18 is concerned, the appellant has no objection. However, according to him, considering the effect of the death of the deceased, Mahesh Chandra Sahu, on the famly, its constitution and other relevant factors, the amount of compensation awarded by the Tribunal was inadequate.

In the present case, an youngman, 23 years of age, had died. It has come in the findings of the Tribunal that he was of marriageable age and could have been got married shortly. It has also come on record that the deceased was earning Rs. 2,000/= per month, out of which, according to the Tribunal, he was contributing Rs. 15,00/= per month towards his family and keeping Rs. 5,00/= for his personal expenses, but this fact was taken into account by the Tribunal for one year only, as indicated in the judgment.

Here in the present case, the sister of the deceased was of marriageable age, that is, about 20 years. The deceased brother was also required to take care of the unmarried sister and he could have made contribution for the marriage of his sister. The father of the deceased was? 53 years old and mother was also about 45 years old at the time of the death of their young son and as such according to the claimants, the compensation awarded was inadequate. Considering the family and other liabilities, the Tribunal could have allowed Rs. 6,50,000/=, but a small amount of Rs. 77,000/= has been awarded as compensation ignoring varius relevant factors and condition of the family. While rendering the award, the Tribunal had ignored that the deceased was only 23 years of age at the time of his death. He was partner of a Firm, namely, Sahu Machinery. His annual income was Rs. 24,000/= per annum. The deceased was also income tax assessee. The marriage of both, that is, the deceased, Mahesh Chandra Sahu and his sister was going to take place shortly considering their age. The Tribunal had not taken into account, the mental agony suffered by the family and the effect on the family etc. These were relevant factors and if all these relevant factors would have been considered by the Tribunal, it must have awarded much more and appropriate compensation to the family.

This Court has taken note of the relevant factors, the materials placed on record and the various principles laid down by the Hon''ble Apex Court in various judgments including the judgment placed before the Court reported in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another,

In the case in hand, a 23 years old young man had died on the spot in a road accident. The old parents had and the family had to make arrangements for the marriage of the sone, that is, the deceased and the young daughter. The deceased youg man in the year 1990 was earning Rs. 24,000/= per annum and was also an income tax assessee. As he was involved in selling machinery products, the deceased must have been incurring expenses in the process of earning said taxable amount. Some of the findings recorded by the Tribunal are based on surmises and gestures, like, if the deceased youg man could have married, after a year, he could have been able to contribute only Rs. 250/= to his family. The Tribunal had already held that the deceased young man was contributing Rs. 15,00/per month for running the family, then, how after his marriage, he would have been able to contribute only Rs. 250/= per month. After the marriage of the deceased, the family expenses would certainly have gone up, but the Tribunal ought to have visualised that the growing income also as it cannot be taken that the deceased young man would have earned only Rs. 2,000/= per month for ever. The findings as recorded by the Tribunal in Paragraphs 18, 19 and 20 of the judgment appear to be unreasonable and are not founded on proper and relevant considerations. As far as mental agony suffered by the family and other factors are concerned, Rs. 5,000/= compensation awarded by the Tribunal is too meagre an amount to be allowed to a family of old parents and an young unmarried sister.

Considering the relevant factors and other materials, this Court is of the view that Rs. 1,50,000/= shall be adequate amount to be allowed as INTERIM compensation to the claimants alongwith other benefitts, like 12% per annum as interest etc.

Accordingly, as an interim measure, the respondents are directed to deposit Rs. 73,000/= with the MACT, Kanpur Nagar, within one month from today. The claimants shall be permitted to withdraw the total amount of Rs. 1,50,000/= (if the claimants have already not withdrawn the amount out of Rs. 77,000/= awarded by the Tribunal as compensation).

If the amount indicated is not deposited by the respondents within the stipulated period, as above, the execution proceedings shall commence immediately after expiry of the stipulated period.

List the Appeal after expiry of five weeks before this Court.