AI Structured Summary
Not yet generated for this judgment
Judgment
G.P. Mittal, J.
C.M. APPL No. 22385/2012(Delay)
There is a delay of 1844 days in filing the Appeal.
The delay in filing the Appeal is condoned in view of the order dated 12th October, 2011 passed in CM (M) 1520/2006 and CM No.
12981/2006.
The Application stands disposed of.
MAC APP.1115/2011
The Appeal is for reduction of compensation of Rs. 5,92,936/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour
of Respondents No. 1 and 2, the parents of the deceased Sayeed Ahmad, who died in a motor vehicle accident which occurred on 06-
07.01.2004. There is twin challenge to the judgment. It is urged that there should have been a deduction of one-third towards personal and living
expenses, but the Claims Tribunal did not make any deduction towards personal and living expenses of the deceased. It is stated that in case of
death of a bachelor the multiplier has to be as per the age of the deceased. Reliance is placed on Smt. Sarla Verma and Others Vs. Delhi
Transport Corporation and Another, .
The deceased Sayeed Ahmad was working as a Waiter in a tea stall. It was claimed that he was earning to Rs. 4,500/- per month. In the
absence of any cogent evidence with regard to the deceased''s income, the Claims Tribunal took the assistance of Minimum Wages for unskilled
worker fixed by the Govt. of NCT of Delhi under the Minimum Wages Act to compute the loss of dependency.
Normally, in the case of death of a bachelor 50% deduction is made towards personal and living expenses, although, the Appellant Insurance
Company says that there should have been deduction of one-third towards personal and living expenses. The Minimum Wages of unskilled worker
as held by the Claims Tribunal at the relevant time were Rs. 2,784/-. If a Claim Petition is filed u/s 163A of the Motor Vehicles Act, 1988 (the
Act) and compensation is awarded strictly in accordance with the Second Schedule, the loss of dependency would come to Rs. 3,78,624/-(2784
x 2/3 x 12 x 17).
A sum of Rs. 4,500/-shall be payable towards non-pecuniary damages. Thus, the total compensation in a Petition u/s 163A of the Act, where
the Claimants are not even required to be prove the negligence, would come to Rs. 3,83,124/-.
In a Claim Petition u/s 166 of the Act, the Claimants would be entitled to an addition of 30% towards inflation on the basis of Santosh Devi Vs.
National Insurance Company Ltd. and Others, and the appropriate multiplier at the age of 60 would be 9, if deduction of 1/3 towards personal
and living expenses is made, the loss of dependency would come to Rs. 2,60,582/- (2784 + 30% x 2/3 x 12 x 9). On addition of Rs. 25,000/-
towards love and affection and Rs. 10,000/- each towards funeral expenses and loss to estate is paid, the compensation comes to Rs. 3,05,582/-.
Section 168 of the Act envisages payment of compensation which is just and reasonable. In the circumstances stated hereinabove, Respondents
No. 1, 2 and 3 were entitled to a maximum compensation of Rs. 3,83,124/-.
Thus, it is clear that the compensation awarded by the Claims Tribunal was on the higher side. It stands reduced to Rs. 3,83,124/-.
The Claimants would be entitled to interest @ 7.5% per annum on the awarded amount from the date of filing of the Petition till its deposit. The
Claimants shall also be entitled to interest accrued during the pendency of CM (Main) No. 1520/2006 and MAC APP.1115/2011 on the amount
falling in their share including interim compensation.
Compensation awarded shall be paid to Respondents No. 1 and 2 in terms of the order passed by the Claims Tribunal.
By order dated 20.11.2006 passed in CM(M) 1520/2006, the Appellant Insurance Company was directed to pay to the Respondents No. 1
and 2 a sum of Rs. 1,62,212.50P. As per the statement made in the Court by Mr. Tarkeshwar Nath, learned counsel for the Appellant Insurance
Company on 17.07.2008, the said amount was duly paid to the Respondents No. 1 and 2 before the Executing Court.
Fifty percent of the award amount was also directed to be deposited by an order dated 13th December, 2011 which stands already
deposited. In pursuance of this order an amount of Rs. 3,60,599/- was deposited by the Appellant Insurance Company.
After adjusting the above said amount, the balance compensation shall be paid to Respondents No. 1 and 2 in equal share.
The Appellant Insurance Company has already paid/deposited a total sum of Rs. 4,68,811/- ( Rs. 1,62,212/- + Rs. 3,60,599/-). The Registry
shall calculate the amount of interest payable. If there is any short fall it shall be deposited with the Registrar General of this Court within six weeks
of the date fixed before the Registrar. If the amount is in excess, it shall be refunded to the Appellant Insurance Company.
The amount of compensation awarded shall be released in favour of Respondents No. 1 and 2 in equal shares.
The Appeal is allowed in above terms.
Pending Applications stand disposed of. List before the Registrar on 26th September, 2012.