Vishwa Bandhu and Another vs New India Assurance Co. and Others

Mukul Mudgal, C.J.—This appeal has been filed by the appellants challenging award dated 26.5.1997 passed by a learned Single Judge of this Court granting an amount of Rs. 1,92,000/- as compensation to the appellants on account of death of Aruna Aggarwal wife of Vishwa Bandhu Aggarwal, appellant No. 1.

Admitted facts leading to the filing of present appeal are that Aruna Aggarwal met with an accident when she was travelling in a car on 22.3.1984 while coming back from Jammu and going to Moga. The car in which she was travelling collided with a truck. She succumbed to the injuries. In the claim petition filed by the appellants herein before the Motor Accident Claims Tribunal, a compensation of Rs. 1,00,000/- was awarded to the appellants herein. Dissatisfied with the same, they filed first appeal before this Court which was disposed of by the learned Single Judge on 26.5.1997 enhancing compensation to the tune of Rs. 1,92,000/-. Still dissatisfied they filed the present appeal.

Learned Counsel appearing for the appellants has challenged the award given by learned Single Judge on two grounds:

(i) that after taking into account the age of 28 years, the multiplier according to the Supreme Court judgment in case Smt. Sarla Verma and Ors. v. Delhi Transport Corporation and Anr. 2009 (3) RCR (Civil) 77 , should have been 17 and not 16 and (ii) as per the decision given by the Supreme Court in case Lata Wadhwa and Others Vs. State of Bihar and Others, , household contribution should be at least Rs. 3 000/- per month for all the housewives.

Without disputing the proposition of law laid down in Sarla Verma''s and Lata Wadhwa''s cases (supra), with regard to the application of multiplier as well as contribution of a house wife towards her family, learned Counsel for the parties agreed that the compensation awarded by learned Single Judge may be enhanced to the tune of Rs. 5 lacs as full and final settlement and the amount already paid by the respondent No. 1 to the appellants be adjusted towards the said amount. The amicable settlement arrived at between the parties would sub-serve the purpose of justice as according to us in case the proposition of law laid down in the aforesaid cases is applied to the present appeal, the amount of interest accrued would be many fold more than the amount of actual compensation awarded. We are of the view that enhancement of compensation to the tune of Rs. 5 lacs as full and final settlement would be in the interest of both the parties.

Accordingly, we allow this appeal and enhance compensation to the tune of Rs. 5 lacs, as full and final settlement of the claim. It is further ordered that the amount already paid to the appellants shall be adjusted towards the amount awarded today and the balance amount shall be paid to the appellants within a period of 10 weeks from today. In case the payment of remaining amount is not made within the stipulated period, the appellants shall be entitled to claim interest @ 9% per annum on the amount enhanced today from the date of this order.