Sitabai vs Managing Director, NEKRTC

Mrs. S. Sujatha, J.—Heard the learned counsel for the parties.

This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Vijaypur, in MVC No. 1109/2013.

The appellants are the widow and children of the deceased Bhimashingh, who died due to the grievous injuries sustained in the road traffic accident which occurred on 23.06.2013. On the claim petition filed by the appellants/claimants, the Tribunal awarded the total compensation of Rs. 3,84,000/- along with interest at 6% per annum. Being dissatisfied, the appellants are before this Court.

The learned counsel for the appellants would contend that the deceased was a building contractor and was earning Rs. 18,000/- per month. The Tribunal disbelieving the income, determined the monthly income of the deceased at Rs.4,500/-. It is also contended that the compensation awarded under different heads is on the lower side. It is also submitted that the Tribunal has deducted ⅓rd income of the deceased towards the personal expenses and it ought to have been deducted at �th in terms of the settled principles of law. Accordingly, he seeks for enhancement of the compensation.

Per contra, the learned counsel for the respondent-insurer justifying the award passed by the Tribunal would contend that the Tribunal has properly determined the income of the deceased after appreciating the evidence on record. It is contended that the claimants 2 to 4 cannot be construed as dependents on the income of the deceased; they are only the legal representatives of the deceased. In the circumstances, the Tribunal deducting ⅓rd of the income of the deceased cannot be found fault with.

Heard the rival submissions of the parties and perused the material on record.

The motor vehicle accident occurred on 23.06.2013. This Court in identical cases, even in the absence of any substantial evidence to prove the income of the victim of the road traffic accident of the year 2013, is adopting the income at Rs.7,000/- per month. Deduction of ⅓rd of the income of the deceased towards his personal expenses is in conformity with the judgment of the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298. Applying the monthly income at Rs.7,000/-, deducting ⅓rd towards personal expenses of the deceased and adopting the multiplier of 9, the loss of dependency works out to Rs.5,04,036/- . It is discerned from the records that the compensation awarded under the different heads is also on a lower side. Considering the totality and circumstances of the case, the compensation awarded by the Tribunal requires to be modified as under:

Loss of dependency

Rs.5,04,036/-

Loss of consortium

Rs. 50,000/-

Transportation of dead body and funeral expenses

Rs. 25,000/-

Loss of love and affection

Rs. 40,000/-

Loss of estate

Rs. 25,000/-

Total compensation

Rs.6,44,036/-

Rounded off to

Rs.6,45,000/-

Accordingly, the compensation awarded by the Tribunal is enhanced from Rs.3,84,000/-to Rs.6,45,000/-. The awarded amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization.

In the result, the appeal is allowed to the extent indicated above.