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Judgment
This appeal is filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala under the award dated 21.12.2018 passed in Title Suit (MAC) No.203 of 2015.
Brief facts are as under:
One Dharmendra Tripura aged about 34 years, was travelling on his bicycle at 8 p.m. on 17.06.2015 when he was hit by a Maruti Alto car causing serious injuries. He was shifted to a Government hospital where he succumbed to the injuries on 4th July, 2015. He was stated to be a skilled meson survived by his aged parents, widowed wife, a son and a daughter. These claimants, therefore, filed the above mentioned claim petition seeking compensation of Rs.64,95,000/- from the owner and insurer of the vehicle involved in the accident. The Claims Tribunal believed his income to be Rs.6,000/- per month as against Rs.15,000/- claimed by the claimants, deducted one-fifth for the personal expenditure of the deceased, applied a multiplier of 16 and worked out the loss of dependency benefit at Rs.9,22,000/-to which he added Rs.40,000/- towards loss of consortium, Rs.25,000/- towards funeral charges and Rs.10,000/- towards loss of estate. He further granted Rs.16,318/- for medical expenses and Rs.25,000/- towards cost of transportation.
Appearing for the claimants learned counsel submitted that the income of the deceased was wrongly assessed at Rs.6,000/- per month. He was skilled meson and not a labourer as believed by the Tribunal.
On the other hand, learned counsel for the insurance company submitted that the claimants had produced no evidence of income of the deceased. The Tribunal, therefore, correctly believed it to be Rs.6,000/- per month. She relied on a decision of learned Single Judge of this Court dated 19.08.2019 in case of Bajaj Allianz General Insurance Co. Ltd. vs. Smt. Pampi Majumder Datta @ Pampi Datta (Majumder) and others (MAC App. No.85 of 2017) in this context.
The appeal revolves only computation of compensation to be awarded to claimants. Few undisputed facts are, the deceased was aged about 34 years at the time of accident, that he was survived by his aged parents, widow and two minor children. After the accident which took place on 17.06.2015 he survived for about 17 days till he expired on 04.07.2015.
Claimants examined the wife of the deceased as P.W.1. In her deposition she stated that her husband was a meson and was earning Rs.15,000/- per month. He was admitted in a hospital where he was treated for some time. Only question in the cross-examination put to this witness was that she had not submitted documents in support of the income of the deceased.
From the record, it thus emerges that the insurance company had not disputed the fact that the deceased was a meson at the time of his accident. Being a 34 years old able bodied person, as a skilled worker, at the relevant time in the year 2015, he could be expected to earn at least a sum of Rs.10,000/-per month. To this, we must apply 40% rise for future income as per the decision of Supreme Court in case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680. His monthly prospective income would therefore come to Rs.14,000/- i.e. Rs.1,68,000/- per annum. One-fifth would be deducted for his personal expenditure. Yearly loss of dependency benefit would therefore be Rs.1,34,400/-. Applying a multiplier of 16 as per the decision of Supreme Court in case of Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, loss of dependency benefit would come to Rs.21,50,400/-. To this, we would have to add Rs.70,000/- under conventional heads as per the judgment of Supreme Court in Pranay Sethi (supra). Medical expenditure of Rs.15,000/- would be added by a sum of Rs.50,000/- for pain, shock and suffering since the deceased survived only 17 days after receiving the injuries. The total compensation payable to the claimants would, therefore, come to Rs.22,85,400/-. This would be in substitution of the amount awarded by the Claims Tribunal. Awarding interest @ 6% per annum is also on the lower side. The entire compensation would carry simple interest @ 7.5% per annum from the date of claim petition till actual payment.
The insurance company shall deposit such amount before the Claims Tribunal within a period of 3(three) months from today. Upon such deposit, the Claims Tribunal shall invest 70% in any nationalized bank in a fixed deposit for a period of 5 years. Remaining 30% would be paid over to the claimants. Out of the fixed deposit, the claimants would be entitled to receive periodic interest. Upon completion of the period of 5 years, the amount will be released in favour of the claimants.
Above amounts will be disbursed in following proportion:
(i) 50% in favour of the claimant No.1 i.e. widow,
(ii) 10% each in favour of claimants No.2 and 3 i.e. the parents of the deceased and
(iii) 15% each in favour of claimants No.4 and 5 i.e. the children of the deceased.
Appeal disposed of accordingly. Pending application(s), if any, also stands disposed of.
Send down the lower Court records forthwith.