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Judgment
This appeal is directed against the judgment and award
dated 13.08.2002 passed by the Motor Accident Claims Tribunal,
Chittorgarh (''the Tribunal''), whereby the Tribunal has awarded a
sum of Rs.2,22,000/- as compensation to the appellants-claimants
alongwith interest @ 9% per annum from the date of application
i.e. 16.04.1998.
The application for compensation was filed by the claimants
i.e. wife and seven children of the deceased Mohd. Rafique with
the averments that the said Mohd. Rafique was working as a
Booking Clerk with the Rajasthan State Road Transport
Corporation (''RSRTC'') and was getting salary of Rs.3,283/- per
month. Based on the said averments, compensation was sought.
Evidence was led by the parties, wherein the Tribunal came
to the conclusion that the deceased was getting salary of
Rs.3,283/- per month, however, in view of the statement of wife
Smt. Jubeda Banu that she was getting Rs.2,000/- per month as
pension from the RSRTC, the amount was reduced by the Tribunal
to Rs.2,000/- only and the dependency was taken at Rs.2,000/-.
Thereafter, multiplier of 8 was applied looking to the age of the
deceased at 50 years and a compensation to the tune of
Rs.1,92,000/- was awarded towards loss of income, for loss of
consortium and love & affection, a lump sum of Rs.25,000/- was
awarded and a further sum of Rs.5,000/- towards funeral
expenses was awarded. In all a sum of Rs.2,22,000/- alongwith
interest as indicated hereinbefore was awarded.
It is submitted by learned counsel for the appellants that
the Tribunal committed error in deducting the amount of pension being received by the wife of the deceased from the
amount of compensation and further, the award of
compensation is ex facie contrary to the principles laid down in the
judgment of Hon''ble Supreme Court in Sarla Verma v. Delhi
Transport Corporation : (2009) 6 SCC 121, as no amount towards
future prospects has been awarded and the multiplier applied is
too low.
For the purpose of questioning the validity of deduction of
amount of pension, reliance was placed on judgment of Hon''ble
Supreme Court in the case of Vimal Kanwar & Ors. v. Kishore Dan
& Ors .: (2013) 7 SCC 476.
Further submissions were made that the amount awarded
under the head loss of consortium and love & affection to the wife
and seven children of the deceased is wholly inadequate and,
therefore, the amount awarded deserves to be enhanced
adequately.
Learned counsel for the respondent-Insurance Company
supported the award impugned. It was submitted that the Tribunal
after taking into consideration the material available on record has
awarded adequate compensation and the same does not call for
any interference.
I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
The age of deceased at 50 years, his service as Booking
Clerk with RSRTC and his monthly income at Rs.3,283/- are not in
dispute and, therefore, the principles as laid down by Hon''ble
Supreme Court in the case of Sarla Verma (supra) deserves to be
applied.
So far as the deduction towards the amount of pension being
received by wife of the deceased is concerned, the said amount is
not liable to be deducted in view of the judgment of Hon''ble
Supreme Court in the case of Vimal Kanwar (supra).
In view of the above, the amount of compensation towards
loss of income deserves to be calculated as under:-
Rs.3,283 + 984 (30% as future prospects) = Rs.4267 - 853
(1/5th towards personal expenses) = Rs.3414 X 12 X 13 =
Rs.5,32,584/-
So far as the award of compensation towards loss of
consortium and love & affection is concerned, even as per the
standards, which were applied in the year 2002, the amount
awarded is too low looking to the number of claimants i.e. wife
and seven children.
In view thereof, the amount towards loss of consortium and
love & affection is enhanced to Rs.1,00,000/-.
Consequently, the claimants would be entitled to a total
compensation of Rs.6,37,584/-, which is rounded off to
Rs.6,37,600/-.
In view of the above discussion, the appeal filed by the
appellants-claimants is partly allowed. The amount of
compensation is enhanced to Rs.6,37,600/-. The appellants would
also be entitled to interest @ 8% per annum on the enhanced
amount of compensation.
The enhanced amount of compensation i.e. Rs.4,15,600/-
alongwith interest @ 8% per annum from the date of application
i.e. 16.04.1998 be paid to the appellant No.1 - Smt. Jubeda Banu
only. Out of the total amount alongwith interest, 25% amount be
placed in Fixed Deposit for a period of five years, rest of the
amount be paid to the appellant No.1 in her Saving Bank Account.
The amount of compensation be paid by the respondent-
Insurance Company within a period of six weeks from the date of
this judgment.