High Court Madhya Pradesh High Court

Saheen And Anr. vs Kartar Singh And Ors. on 27 July, 2005

Madhya Pradesh High Court
Saheen And Anr. vs Kartar Singh And Ors. on 27 July, 2005
Equivalent citations: 2006 ACJ 601
Author: A Mishra
Bench: A Mishra, U Maheshwari


JUDGMENT

Arun Mishra, J.

1. This appeal has been preferred by the claimants for enhancement of compensation aggrieved by an award dated 23.7.1999, passed by Addl. Motor Accidents Claims Tribunal, Maihar, District Satna, in Claim Case No. 50 of 1996.

2. In an accident dated 28.4.1996 respondent No. 1 drove the truck No. HR 30-2527 on Lakhanpur Highway and dashed with the truck No. MP 21-7137, owing to which the driver of the truck, Abdullah died, whose age was claimed to be 27 years and was found to be of 32 years. Claims Tribunal has awarded a compensation of Rs. 1,40,000 along with interest at the rate of 12 per cent per annum from the date of filing of the claim petition.

3. The only question raised by the appellant in this appeal is that the income has been taken on lower side. The income of the deceased was Rs. 3,000 per month. In addition diet allowance of Rs. 50 used to be paid. Thus, monthly income of the deceased was Rs. 4,500. Claims Tribunal has taken the income of the deceased at Rs. 15,000 per annum at the notional figure.

4. We have heard learned counsel for the parties. The only question is about the quantum of compensation and the income of the deceased per month. In our opinion, it has been stated by the claimant’s widow that the deceased was earning Rs. 3,000 per month, in addition he was receiving Rs. 50 as allowance, in our opinion, it would be safe to assess the income of the deceased at Rs. 2,000 per month inclusive of allowance. Thus, the annual income comes to Rs. 24,000. 1/3rd amount is deducted towards the self expenditure of the deceased, which he would have spent had he been alive, thus the loss of dependency come to Rs. 16,000. Widow is one of the claimants and age of the deceased was 32 years. We apply multiplier of 17, which is applicable at the age of 32 years. Thus, the total loss of dependency would come to Rs. 2,72,000. In addition, on account of funeral expenses, loss of consortium, loss to estate and loss of expectancy of life, we award Rs. 15,000 as a customary amount. Thus, the total compensation comes to Rs. 2,87,000. The compensation is enhanced to the aforesaid extent. Enhanced compensation shall carry interest at the rate of 6 per cent per annum from the date of filing of the claim petition.

5. Appeal is allowed in part to the aforesaid extent. No costs.