Mohd. Rafiq And Another vs Union Of India And Others

Tashi Rabstan, J

The appeal in hand has been filed by the appellants against the award dated 19.12.2014 passed by the Motor Accident Claims Tribunal, Poonch in Claim No. 18/2012 titled “Mohd. Rafiq and anr. vs. Union of India and ors.”, whereby the learned Tribunal has granted compensation of Rs. 3,00,000/- along with interest @ 7.5% per annum from the date of institution of the petition till its realization.

The brief facts of the case are that on 31.08.2012 the deceased, namely, Mumtaz Ahmed S/o Mohd. Rafiq R/o Chandak, Tehsil Haveli, District Poonch was travelling on a vehicle (Motor Cycle) as a pillion rider, met with an accident with vehicle No. 02e/70125/X79 RCC at Kalai Morh, Poonch-Surankote road which was driven by the respondent No. 3 rashly and negligently, as a result of which the deceased died in District Hospital, Poonch. The father and mother of the deceased/appellants herein had filed a claim petition being Claim No. 18/2012 before the learned Motor Accident Claims Tribunal, Poonch seeking compensation for the death of their son in the accident with the vehicle referred herein above. On the basis of pleadings the following issues were framed:-

“1. Whether the deceased Mumtaz Ahmed S/o Mohd Rafiq R/o Chandak, Tehsil Haveli, District Poonch died due to the accident of vehicle No. 02e/70125/X79 RCC at Kalai Morh, Poonch-Surankote road due to rash and negligent driving of the driver Amrik Singh..? OPP

In case issue No. 1 is proved in affirmative, whether the petitioners are entitled for compensation, if yes, to what extent..? OPP

Relief..? O.P. Parties.”

The grievance of the claimants/appellants herein is that they have lost their brilliant son in such a tender age of 17 years, who had a bright future ahead because he was pursuing B.A. Part-I, but the Tribunal has fell in error while observing that income of the deceased for determination of compensation can be taken that of non-earning person which is Rs. 15,000/- p.a., which is a matter of humiliation not only for the claimants but for the deceased also, who was having such a brilliant future ahead because of his educational qualification.

Learned counsel for the appellants argued that the salary of even a Constable or a Clerk having simple qualification is much more than Rs. 20,000/- per month, therefore, the compensation awarded by the Tribunal is on a lesser side.

The learned Tribunal while passing the impugned award has observed that income of the deceased for determination of compensation can be taken that of non-earning person as prescribed in the second schedule of Motor Vehicle Act, 1988 which is Rs. 15,000/- p.a. as notional income for determination of the compensation. The Tribunal has also relied upon the judgment of the Apex Court in case “Sarla Verma vs. Delhi Transport Corporation and anr.” reported in 2009 (3) Supreme 489 with regard to adoption of multiplier of 18 in the age group of 21-25 years due to death of the deceased, the total loss of dependency to the petitioners/appellants herein came to Rs. 15000 X 18 = 2,70,000/-. The Tribunal has further observed that besides the loss of dependence, the petitioners are also found entitled to an amount of Rs. 25,000/- at least as funeral expenses and Rs. 5,000/- as loss of estate and subsequently, the Tribunal came to the conclusion that the appellants herein are entitled to compensation of an amount of Rs. 3,00,000/- along with interest @ 7.5% per annum from the date of institution of the petition till its realization.

Learned counsel for the appellants has produced some judgments passed by the Apex Court, a perusal whereof reveals that the same are not applicable to the case in hand.

Therefore, in view of what has been discussed above, the impugned award passed by the learned Motor Accident Claims Tribunal, Poonch does not require any interference. Accordingly, the appeal fails and the same is hereby dismissed. Record of the Tribunal be send down.