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Judgment
The appeal has been filed for enhancement of the compensation awarded.
The accident took place on April 7, 2014 and, though the claimants asserted that the victim had an income in excess of Rs.6,000/-, the tribunal took the income to be Rs.3,000/- per month since there was no cogent evidence in support of the income.
The appellants say that even an unskilled worker was able to earn Rs.4,000/- per month in the year 2014.
For some time, it has been the practice of this court to take the base income to be Rs.5,000/- from 2016 onwards and such income to be Rs.3,000/- from or about 2011 to 2015. However, it appears justified that for the years 2013 to 2015 the base income should be taken as Rs.4,000/- since unskilled workers were capable of earning such amount per month when working most of the days.
Accordingly, the income of the victim who suffered the accident and died in the year 2014 is taken to be Rs.4,000/-. After annualising the income, adding 40% on account of future prospects and deducting one-third on account of personal expenses, the figure comes to Rs.44,800/- on which the multiplier of 15 will apply. The net compensation payable works out to be Rs.6,72,000/-. A further Rs.70,000/- has to be awarded on account of general damages, taking the gross compensation to Rs.7.42 lakh together with interest thereon at the rate of 8% per annum from the date of lodging the claim till the receipt of payment.
The claimants acknowledge having received a sum of Rs.3,88,500/-.
The insurance company should ascertain what amount has been paid and calculate the balance amount due in terms of this order, correct upto October 31, 2019, and make over the same to the claimants in equal share by November 15, 2019. The amounts due to each of the claimants will be deposited directly into their bank accounts. For such purpose, Advocate for the claimants will furnish the details of the bank accounts of the individual claimants to Advocate for the insurance company within a fortnight from date.
It is recorded that the award carries a mistake in its reference to the claim petition as one under Section 163A of the Motor Vehicles Act, 1988. From the records it is evident that the claim petition was lodged under Section 166 of the Act.
FMA 1132 of 2019 is disposed of.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.