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Judgment
Vide this order above mentioned two appeals would be disposed of.
Claimants had filed the claim petition seeking compensation on account of death of Sharad due to motorvehicle accident which had occurred on
18.03.2010 because of rash and negligent driving of respondent Ayub Mohammad while driving the offending vehicle.
Tribunal vide impugned award dated 23.01.2014 has granted compensation to the claimants to the tune of Rs.6,88,000/-. Claimants have filed the
appeal seeking enhancement of compensation amount, whereas, insurance company has filed the appeal seeking reduction of the amount of
compensation granted by the Tribunal.
Learned counsel for the claimants has submitted that deceased was a bachelor at the time of the accident. Deceased had been selected for internship
program offered by Eden Animation Institute Private Limited. The program was to commence from 1.6.2009 and was to continue for 6 months.
During this period, deceased was paid Rs.6,000/- per month by way of stipend. Thereafter, deceased was paid Rs.7,500/- per month with effect from
January 2010 onwards. After clearance of the probation period, salary of the deceased would have been raised. Learned counsel has submitted that,
be that as it may, deceased was earning Rs.7,500/- per month at the time of the accident. In this regard, learned counsel has placed reliance on
Exhibit-17 to Exhibit-19.
Learned counsel for the insurance company, has submitted that the amount of compensation granted by the Tribunal was on a higher side. No witness
from the Eden Animation Institute Private Limited had been examined to prove documents Exhibit-17 to Exhibit-19.
Thus, the question that requires consideration in the present appeal is with regard to the quantum of compensation liable to be received by the
claimants. Deceased was unmarried at the time of the accident. Claimants are the parents and brother of the deceased.
As per Exhibit-17, deceased had been selected for internship program undertaken by Eden Animation Institute Private Limited. A perusal of the said
document reveals that the deceased was offered Rs.6,000/- per month for the duration of the internship, i.e., six months.
Exhibit-18 is the letter written by Eden Animation Institute Private Limited to the father of the deceased on 23.04.2010. As per the said letter,
deceased was paid Rs.6,000/- per month with effect from 1.6.2009 and was paid Rs.7,500/- per month with effect from January 2010.
Exhibit-19 is the another letter written by Eden Animation Institute Private Limited to the father of the deceased, whereby, he was paid arrears of
wages of the deceased for the month of February 2010 and from 1.3.2010 to 17.3.2010, calculated on the basis of the salary of the deceased as
Rs.7,500/- per month. Exhibit-17 to Exhibit-19 have been duly exhibited on record by Jugal Kishor Sharma while appearing in the witness box before
the Tribunal. A perusal of the cross-examination to AW-1 (statement shown during the course of the arguments by learned counsel for the appellants)
reveals that the said witness was not crossexamined with regard to the authenticity of documents Exhibit-17 to Exhibit-19.
In these circumstance, the income of the deceased was liable to be taken as Rs.7,500/- per month at the time of the accident. Out of the said amount
one half of the income is liable to be deducted towards personal expenses of the deceased as he was a bachelor. Since, the deceased was aged 22
years at the time of the accident, the appropriate multiplier liable to be applied to work out the dependency of the claimants would be ‘18’.
Thus, the dependency of the claimants comes to Rs.3,750/- x 12 x 18 = Rs.8,10,000/-. Claimants would be further entitled to receive an addition of
40% of the said amount towards future prospects of the deceased and the said amount comes to Rs.3,24,000/-. Claimants would be further entitled to
receive Rs.15,000/- towards funeral expenses.
Thus, the total compensation liable to be received by the claimants comes to Rs.8,10,000/- + Rs.3,24,000/- + Rs.15,000/- = Rs.11,49,000/-.Â
Accordingly, appeal filed by the claimants bearing S.B. Civil Miscellaneous Appeal No. 1990/2014, is allowed, whereas, appeal filed by the Insurance
Company bearing S.B. Civil Miscellaneous Appeal No. 1599/2014, is dismissed. Impugned award dated 23.01.2014 is modified to the extent that the
claimants would be entitled to Rs.11,49,000/- by way of compensation instead of Rs.6,88,000/- as awarded by the Tribunal. Remaining terms and
conditions of the impugned award shall remain the same. It is further ordered that the share of enhanced amount of compensation of the claimants be
invested in Fixed Deposit Receipts with some nationalized bank, initially for a period of three years and the interest accrued on the deposit shall be
paid to the claimants on monthly basis. Secretary, District Legal Services Authority, Jaipur Metro, in the interest of the claimants shall invest the
amount in Fixed Deposit Receipts in the name of the claimants in some nationalized Bank. The Secretary, District Legal Services Authority, Jaipur
Metro shall further apprise the claimants regarding the amount which has been granted to them by way of enhancement and the fact that the
enhanced amount shall be invested in Fixed Deposit Receipts in some nationalized Bank for their benefit.