JUDGMENT
A.M. Sapre, J.
1. This is an appeal filed by the claimants who are legal representatives of the deceased under Section 173 of the Motor Vehicles Act against an award dated 30.7.2001, passed by the learned Member, Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 34 of 2001. By impugned award, the Tribunal has awarded a total sum of Rs. 3,50,000 with interest to the claimant for the death of one Ashok, who died in vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so, to what extent?
2. Heard Mr. Tarun Kushwah, learned Counsel for the appellants and Mr. M.L. Dhupar, learned senior counsel with Mr. P. Meetha, learned Counsel for respondent insurance company.
3. It is not necessary to narrate the entire facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle, etc. It is for the reason that, firstly, all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants’ favour are under challenge at instance of any of the respondents such as, owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, we do not wish to burden our judgment by detailing facts on all these issues.
4. As observed supra, it is a death case. One Ashok, aged around 30 years, died in the motor accident. He was shopkeeper engaged in business of sale of automobile spares. He left behind his wife and children who have filed claim petition out of which this appeal arises. The claim petition was filed under Section 163A of the Act. The Tribunal calculated the monthly income of deceased at Rs. 4,000 and determined the same at Rs. 48,000 yearly. After deducting 1/3rd, the Tribunal worked out the dependency at Rs. 32,000. To this, the Tribunal applied the multiplier of 17 and then taking into consideration all facts and circumstances, determined the compensation at Rs. 5,44,000. Claims Tribunal, however, chose to award interest at the rate of 12 per cent per annum from the date of award and that too on Rs. 3,50,000 saying that since deceased was responsible for accident and some more persons died and hence, it is proper to award Rs. 3,50,000 in place of Rs. 5,44,000. This is how the Tribunal only awarded Rs. 3,50,000 though it determined at Rs. 5,44,000.
5. Having heard learned Counsel for the parties and having perused record of the case, we are inclined to allow the appeal in part by modifying the impugned award as indicated infra.
6. We have on our part gone through the evidence and impugned award. We find that no compensation whatsoever for loss of love and affection, consortium and funeral expenses have been awarded by the Tribunal. In this head, therefore, we award a total sum of Rs. 25,000 in lump sum.
7. So far as determination of compensation is concerned, we are of the view that claimants are entitled to Rs. 5,44,000 and not to Rs. 3,50,000. Indeed, the Tribunal itself has worked out Rs. 5,44,000 to be the compensation payable to the claimants. In this view of the matter, there was no justification on the part of the Tribunal to reduce compensation to Rs. 3,50,000 on the ground that there was negligence of the deceased. In Section 163A proceedings, the question of negligence is of no relevance. In these circumstances, we are of the view that a sum of Rs. 5,44,000 determined by the Tribunal on appreciation of evidence adduced by the claimants is just, reasonable and proper, calling no further enhancement in appeal.
8. Coming to the question of grant of interest, we feel proper to award interest at the rate of 6 per cent per annum from the date of application till realisation on the entire sum including the enhanced one in place of 12 per cent per annum from the date of award as has been awarded by the Tribunal.
9. The compensation awarded to the claimant is a just, reasonable and proper looking to the facts and circumstances of the case and taking into account the law laid down by the Supreme Court in these types of cases. Indeed in such cases, no fixed and any static formula is provided for determining the compensation and the same is required to be determined on the basis of evidence adduced and the relevant factors mentioned supra. It is on this basis, the courts have to work out award of reasonable compensation.
10. In this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent that the claimants (appellants) are held entitled to claim a total sum of Rs. 5,69,000 together with interest at the rate of 6 per cent per annum from the date of application till realisation. Counsel’s fees Rs. 1,500, if certified.
Costs of appeal Rs. 1,500 payable to appellants by respondents.