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Judgment
This appeal is filed by the Police Department of the State of Tripura to challenge an award dated 11.07.2019 passed by the Motor Accident Claims Tribunal, Udaipur.
Brief facts are as under:
One Debasish Deb had gone out for morning walk along with his friends. A police jeep collided with the morning walkers causing serious injuries to many persons including Debasish Deb, who died due to such injuries. His aged mother, widow and minor daughter filed a claim petition seeking compensation from the driver and the State Police Department as the owner and employer of the vehicle involved in the accident. The Claims Tribunal had no difficulty in coming to the conclusion that the accident occurred due to the sole negligence of the driver of the Police jeep. With respect to the compensation, on the basis of the evidence of the claimants, particularly the deposition of the widow of the deceased, it was brought on record that he was aged 32 years at the time of accident. He was working as an electrician and was employed by Dipak Saha and Biswanath Saha, who were running electric repair and electric service centre. According to the claimants, for such work the deceased was being paid a monthly salary of Rs.10,000/-. Besides, in the spare time in the evening hours, the deceased would render his service at another shop in the area doing similar work from which he would earn further Rs.5,000/-every month. The claimants had also produced a certificate (Exhibit 9) issued by the proprietor of one M/s. Electric House, which stated that the deceased was paid Rs.8,500/- every month for the work as an electrician.
The Tribunal assessed the income of the deceased at Rs.8,000/- per month on the date of accident. To this, the learned judge applied 40% increase for future. One-third thereof was set apart for the personal expenditure of the deceased. The resultant sum of Rs.89,604/- per annum was multiplied by adopting multiplier of 16 following the decision of Supreme Court in case of Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121. The Tribunal, thus, assessed the loss of dependency benefit at Rs.14,33,664/-. To this, the Tribunal added conventional sums of Rs.15,000/- each for loss of estate and funeral expenses. The Tribunal further awarded a sum of Rs.1,20,000/- towards loss of consortium @Rs.40,000/- per claimant.
Appearing for the appellants, learned counsel, Mr. R. Saha submitted that the Tribunal believed the income of the deceased at Rs.8,000/- per month without any evidence. This appeal also had a ground that consortium @ Rs.40,000/- per claimant could not have been awarded. However, in view of the recent judgment of the Supreme Court in the case of United India Insurance Company Ltd. Vs. Satinder Kaur alias Satwinder Kaur and Ors., Civil Appeal No.2705/2020 reported in MANU/SC/0500/2020 dated 30th June, 2020, where the Supreme Court has clarified this aspect and the same therefore need not detain us any further.
The sole issue, therefore, required to be examined in this appeal is whether the Tribunal committed an error in believing the income of the deceased at Rs.8,000/- at the time of accident. The answer to this question has to be in the negative. The deceased was a young man aged about 32 years. He was also a trained electrician. His widow had deposed that he was regularly employed in an electric shop. Even if he therefore do not believe her later version that over and above such engagement he was also working in the evening hours in another shop earning extra income; sum of Rs.8,000/- per month cannot be stated to be excessive in any manner. In fact, the claimants had also produced a salary certificate of the deceased. Once the income of the deceased at Rs.8,000/- per month is confirmed, the rest is a matter of mere calculations based on the judgments of the Supreme Court in case of Sarla Verma(supra), National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680 and lastly Satinder Kaur (supra).
In the result, appeal is dismissed. Pending application, if any, also stands disposed of.
Amount of Rs.25,000/- deposited by the appellants, at the time of filing the appeal shall be transmitted to the Tribunal.
Records may be transmitted to the Trial Court.