Vidyawati And Others vs Sardar Kashmira Singh And Others

Vipin Chandra Dixit, J

Heard Sri Sudhanshu Pandey, learned counsel for claimants-appellants, Sri S.P. Lal, learned counsel for respondent no.3 and Sri Amit Manohar,learned counsel for respondent no.5. No one is present on behalf of respondent Nos. 1,2 & 4.

This first appeal from order has been filed by the claimants for enhancement of compensation against the judgment and award dated 25.2.2008 passed by Motor Accident Claims Tribunal, Court No.4, Gorakhpur in M.A.C.P. No.542 of 1997 (Smt. Vidhyawati and others vs. Sardar Kashmira Singh and others) awarding compensation of Rs.1,35,640/- to the claimants on account of death of Anand Bihari Mishra aged about 40 years in a road accident which was occurred on 23.6.1997.

It is submitted by learned counsel for the appellants that the Claim Tribunal while deciding issue no.7 has recorded the finding that monthly income of the deceased was Rs.2882.90 per month but while calculating the compensation, monthly loss of income was accepted as Rs.1071.90. It is further submitted that the Claim Tribunal has erred in deducting 1/3 towards personal expenses of the deceased, whereas there were six dependents on income of the deceased and the deduction should be 1/4 in place of 1/3 in view of law laid down by Hon'ble Apex Court in the case of Sarla Verma vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677 (S.C.). It is further submitted that nothing has been awarded towards future prospects and only Rs.7000/- has been awarded towards non-pecuniary damages whereas the claimants are also entitled for 25% future prospects and Rs.70,000/- towards non-pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017(4) T.A.C. 673

On the other hand, learned counsels for respondent nos. 3 and 5 have submitted that the Claim Tribunal had erred in applying multiplier of 15 whereas Hon'ble Apex Court in the case of Sarla Verma(supra) has provided multiplier of 14 for the age group of 41-45 years.

Considering the rival submissions of learned counsels for the parties, the compensation awarded by Claim Tribunal is reassessed as below:-

1) Monthly income = Rs.2882.90

2) Annual Income= Rs.2882.90 x 12=Rs.34,594.80

3) Future prospects (25%) = Rs.8,648.70

4) Total annual income = Rs.34,594.80 + Rs.8,648.70 =Rs.43,243.50

5) Deduction towards personal expenses(1/4th) = Rs.43,243.50 - Rs.10,810.87 =Rs.32,432.63

6) Multiplier applicable (14) =Rs.32,432.63 x 14= 4,54,056.82

7) Non-pecuniary damages =Rs.70,000/-

Total = Rs.4,54,056.82 + Rs.70,000/- = Rs.5,24,056.82

In round figure Rs.5,24,057/-

In view of aforesaid discussion, the appeal filed by claimants is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs.1,35,640/- to Rs.5,24,057/-. The respondent nos.3 and 5 are directed to pay enhanced amount of Rs.3,88,417/- along with interest at the rate of 6% from the date of filing of this appeal i.e. 28.6.2008 to the claimants-appellants, within two months from today in the ratio of 60%-40% respectively.