HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
M.A.C.M.A.No.4638 of 2008
JUDGMENT :
This appeal is filed by the claimants being aggrieved by the order and decree dated 30.06.2008 in O.P.No.278 of 2007 on the file of Motor Accident Claims Tribunal-cum-I Additional District Judge, Nalgonda, for the death of the deceased, namely, Srinivas @ Seenaiah, who died in the accident which occurred on 06.01.2007 at 5.30 p.m.
2. For the sake of convenience, the parties are referred to as arrayed in the O.P.
3. Initially, the claim was made for Rs.5,00,000/- and the Tribunal awarded an amount of Rs.2,49,000/-. Since the appeal is filed only for enhancement of compensation, the appreciation in this appeal would be only with respect to that aspect.
4. Heard learned counsel for both the parties and perused the record.
2
GAC, J MACMA.No.4638 of 2008
5. It is contended by the learned counsel for the claimants that the deceased was aged about 30 years at the time of the accident and he was working as a Clerk in Rice Mill and used to earn Rs.4,000/- per month. The claimants are the wife and parents of the deceased and due to the untimely death of deceased, the family lost love and affection as well as the financial income.
6. On the other hand, learned counsel for the respondents contended that the Tribunal has granted adequate compensation to the claimants, and therefore, there is no necessity to interfere with the orders of the Tribunal and prayed to dismiss the O.P.
7. PW-1 is the wife of the deceased, PW-2 is the eye witness to the accident and PW-3 is the Managing Partner of the Rice Mill, where the deceased was alleged to have worked as a Clerk. Ex.A-7 is the salary certificate issued by PW-3, which was disbelieved by the Tribunal and the income of the deceased was fixed by the Tribunal as Rs.1,500/- per month.
8. It is specifically contended by the learned counsel for the appellants that the Tribunal has erred in not taking into 3 GAC, J MACMA.No.4638 of 2008 consideration Ex.A-7/salary certificate, though PW-3's oral evidence corroborates the documentary evidence and prayed to consider the said document.
9. The Tribunal has granted compensation to the claimants under the following heads:
1. Loss of dependency - Rs.2,16,000/-
2. Loss of consortium -Rs.15,000/-
3. Loss of Estate -Rs.15,000/-
4. Funeral expenses -Rs.3,000/-
TOTAL -Rs.2,49,000/-
10. Admittedly, Ex.A-7/salary certificate discloses that the deceased used to earn Rs.4,000/- per month, which is corroborated with the oral evidence of PW-3, but the Tribunal has erred in not considering the said document and discarded it without assigning proper reasons. Therefore, this Court is of the considered view that the income of the deceased can be fixed as per Ex.A-7. The Tribunal has also erred in applying the multiplier '18' instead of '17'.
11. As stated supra, the deceased was aged 30 years as on the date of the accident and the income of the deceased is fixed as 4 GAC, J MACMA.No.4638 of 2008 Rs.4,000/- per month as a labour. As per the judgment of the Hon'ble Supreme Court in Smt.Sarla Verma v. Delhi Transport Corporation & another1, the multiplier applicable is '17' for the age group of 26 to 30 years. If 40% is added towards future prospects, it would come to Rs.5,600/- (Rs.4,000 X 40/100+Rs.4,000). The claimants in this case are three in number, who are the wife and parents of the deceased. As per the judgment in Sarla Verma's case (1 supra), 1/3rd is to be deducted towards personal expenses of deceased and the appropriate multiplier would be '17'. Thus, the loss of dependency would come to Rs.7,61,600/- (Rs.5,600 X 12 X 17 X 2/3). As per the proposition laid down by the Apex Court in National Insurance Co. Ltd. v. Pranay Sethi & others2, consortium @ Rs.40,000/- is to be granted to the wife and parents of the deceased and the claimants are also entitled for compensation towards funeral expenses and loss of estate to a tune of Rs.15,000/- each.
12. Thus, the claimants are entitled to compensation under the following heads;
1
(2009) 6 SCC 121 2 2017 ACJ 2700 5 GAC, J MACMA.No.4638 of 2008
1. Loss of dependency - Rs.7,61,600/-
2. Funeral expenses - Rs.15,000/-
3. Consortium @Rs.40,000 - Rs.1,20,000/-
Each for the wife and parents
of the deceased)
4. Loss of Estate - Rs.15,000/-
TOTAL - Rs.9,11,600/-
13. Accordingly, the appeal is allowed, granting a total compensation of Rs.9,11,600/- with costs and interest at the rate of 7.5% per annum from the date of petition till the date of realization, payable by the respondent, within one month from the date of receipt of this order. The appellants/claimants are entitled to withdraw their respective shares of compensation along with costs and interest, as the accident occurred in the year 2007, on payment of deficit Court fee.
Pending miscellaneous applications, if any, shall stand closed.
________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 05.12.2022 ajr