Rahmuddin And Ors vs Balbeer Singh And Anr

Appellants have preferred the present appeal under Section 173 of Motor Vehicles Act, 1988 claiming the following relief:-

"1. That the appeal may kindly be allowed and the award may kindly be enhanced suitably.

That the interest may kindly be awarded at the rate of 12% from the filing of the claim petition.

That, any other or further reliefs which may be deemed to be just and proper in the facts and circumstances of the case may kindly be allowed.

That the cost may kindly be allowed."

An unfortunate accident had happened on 08.10.2001 when deceased Babu Khan while driving a scooter bearing registration No.RJ27/1M 7138 was struck by a Bus coming from Kamlighaat to Devgarh bearing registration No. RJ 12-P 0720, which resulted into death of Babu Khan.

Learned counsel for the appellant has raised a limited issue regarding the monthly wages of deceased Babu Khan.

Learned counsel for the appellant has taken this Court to the evidence of AD-1 Reejwana where she has stated that her deceased husband was earning 4,000/- per month and was giving Rs.2,000/- per month for the home expenses. However, there is no effective cross-examination of the witness.

Learned counsel for the appellant has further taken this Court to the evidence of AD-2 Saffi Mohammad who was the employer and was owner of the garage, namely, Royal Auto Center where deceased Babu Khan was working as a mechanic, wherein he has categorically stated that he was giving Rs.4,000/- per month to the deceased Babu Khan as wages.

Learned counsel for the appellant has further shown the evidence of AD-3 Rehumddin, who is father of the deceased and AD-4 Firoz Khan, who is an independent witness. Learned counsel for the appellant has also shown the certificate of pay given by the employer to deceased Babu Khan.

Learned counsel for the respondent, however, is not in a position to refute the evidence of AD-1, AD-2, AD-3, AD-4 and certificate of pay given by the employer, but still opposes the submissions made on behalf of the appellant.

After hearing learned counsel for the parties and perusing the record of the case, this Court is of the opinion that there is consistency in the income proof, and moreover, deceased Babu Khan was a skilled mechanic. The statement of the employer as well as the certificate given by the employer is on record, which further fortify the claim of monthly wages to be Rs.4,000/- per month, but the wife of the deceased has stated in her statement that she used to get Rs.2,000/- per month only in hand for running the home.

This Court deems it appropriate, in the aforesaid circumstances, to go by the statement of the wife and take the income of the deceased as Rs.3,000/- per month with 1/3 deduction, which will be sufficient to meet the ends of justice and to arrive at a just computation. However, the learned counsel for the parties, upon direction of this Court, have furnished joint computation, while adhering to the judgment rendered by the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. ; AIR 2017 SC 5157 as well as taking the monthly wages to be Rs.3,000/- per month for the deceased Babu Khan, which reads as follows:-

Age of the Deceased

22

Multiplier

18

Future Prospects

40%

Deduction on count of Personal Expenses

1/3

Monthly Income of the Deceased

3,000

Monthly Income after adding Future Prospects

4,200

Monthly Income after deducting Personal Expenses

2,800

Yearly Income of the deceased

33,600

Total Income after applying Multiplier

6,04,800

Other Conventional Heads

70,000/-

Total Award

6,74,800

Compensation awarded by Tribunal

2,84,400

Enhanced Award

3,90,400/-

In light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced amount of Rs.3,90,400/- is awarded which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made.

The appeal is accordingly disposed of. All pending applications also stand disposed of.