Rajni vs Satish

Lisa Gill, J.—The present appeal has been filed by the widow and the mother of deceased-Rajinder Kumar praying for the enhancement of the compensation awarded to them by the learned Motor Accident Claims Tribunal, Karnal (for short, the Tribunal'') vide award dated 03.04.2010.

Vide order dated 29.03.2012 of this Court respondents No. 1, 3 to 5 have been proceeded against ex parte.

The deceased-Rajinder Kumar, aged about 45 years, was stated to be running a Tea Shop in village Kambohpura, near GT road and earning a sum of Rs. 3200/- per month. He was stated to have died on 01.08.2008 in an accident caused by a truck being driven by respondent No. 1 in a rash and negligent manner at a high speed in violation of the traffic rules. At the relevant time, the deceased-Rajinder Kumar was travelling in a three-wheeler bearing registration No. HR-45A-1849. The said truck hit against the three-wheeler from behind due to which Rajinder Kumar fell down on the GT road and the truck crushed his body. Rajinder Kumar died on the spot.

The claim petition was filed by the present appellants as well as by the three others, namely, Sanjeev, Dharam Pal and Ram Mehar Singh i.e., the sons of deceased-Rajinder Kumar. The claim petition was filed u/s 163A of the Motor Vehicles Act, 1988. The learned Tribunal has held that Rajinder Kumar died due to the injuries suffered by him in the accident. The sons had not been held entitled to any compensation as they had attained the age of majority and presumed to have earning capacity and, thus, cannot be regarded as dependents of the deceased. The present appellants alone have been held entitled to receive the compensation amount which had been quantified as Rs. 3,32,800/- and a further amount of Rs. 2,000/- towards funeral expenses, Rs. 2,500/- towards loss of estate and Rs. 5,000/- to appellant No. 1 towards loss of consortium. The sons of the deceased have not preferred any appeal against the impugned award.

The income of the deceased has been accepted to be at Rs. 3,200/- per month and the multiplier of 13 has been applied by the learned Tribunal and the amount has been reduced by 1/3rd in consideration of the expenses which the deceased would have incurred towards maintaining himself.

In the present case, the compensation has to be awarded as per the Second Schedule as the claim petition was filed u/s 163 of the Motor Vehicle Act, 1988. Therefore, the multiplier has been correctly applied. The income as stated by PW1 Rajni, wife of the deceased, has been accepted as such by the Tribunal. However, keeping in view the fact that the deceased was a petty tea vendor, the reduction of 1/3rd on account the personal expenses, would be excessive and it would be in the interest of justice to reduce the amount by 1/5th. By applying the multiplier of 13 to the annual income of Rs. 38,400/-, the amount of compensation comes to Rs. 4,99,200/-. After applying the deduction of 1/5th on account of personal expenses, the amount of compensation comes to Rs. 3,99,360/-.

Furthermore, the deceased being a self-employed person, admittedly, at the age of 45 years, can also be awarded 30% increase on account of future prospects as has been held by Hon''ble Supreme Court in Rajesh and Others Vs. Rajbir Singh and Others, . Therefore, on addition of 30% increase i.e. Rs. 1,49,760/-, the amount payable to the claimants comes to Rs. 5,49,120/-.

The amount towards funeral expenses ( Rs. 2000/-), loss of estate ( Rs. 2500/-) and loss of consortium ( Rs. 5000/-) had been rightly awarded as per the Second Schedule. Thus, the total amount payable to the claimants is Rs. 5,58,620/- alongwith 6% interest on the enhanced amount from the date of filing of the claim petition till payment.

The compensation shall be payable by respondent No. 1 as this finding has not been assailed by the appellants in the grounds of appeal and neither any argument raised.

With the said modification in the impugned award, the present appeal is disposed of.