THE HON'BLE SRI JUSTICE M. LAXMAN
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL
No.1583 OF 2008
JUDGMENT:
1. The present Motor Accident Civil Miscellaneous Appeal is filed challenging the judgment and decree, dated 27.11.2007 in O.P.No.1039 of 2002 on the file of the I Additional District Judge- cum-Chairman, Motor Accidents Claims Tribunal, Nizamabad, (hereinafter referred to as 'Tribunal'), whereunder the claim of compensation for death of one Jadhav Suryakanth Rao (hereinafter referred to as 'deceased') was partly allowed fixing compensation at Rs.4,54,000/- with interest at 7.5% per annum. The appellants/petitioners filed the present appeal seeking enhancement of compensation.
2. The grievance of the appellants is that the Tribunal has not properly fixed the monthly earnings and not properly calculated amount of compensation. They also claimed that the amounts awarded under various conventional heads require to be enhanced.
3. Heard both sides.
4. The evidence on record shows that the appellants claim that the deceased was earning an amount of Rs.6,000/- per month 2 towards salary by working as security guard in sugar factory and they also claimed that the deceased was earning an amount of Rs.8,000/- to Rs.10,000/- by working as labour contractor. The evidence of P.W.1, who is wife of the deceased shows that the deceased was getting an amount of Rs.2,600/- towards salary by working as security guard and he was earning an amount of Rs.4,000/- by doing labour contracts. The Tribunal has disbelieved both versions since there is no evidence except the service certificate under Ex.A-5 issued by Sarpanch, G.S.Lingampally, who is no way concerned with the earnings of the deceased. In the said circumstances, the Tribunal has fixed the income of the deceased at Rs.3,000/- per month. Considering the year of accident, such fixation of monthly income of the deceased requires no interference and this Court confirms the same.
5. The Tribunal has failed to consider future prospects in income of the deceased. The deceased was aged about 27 years at the time of accident. He is entitled for 40% addition on his monthly income towards future prospects, as per the decision of the Hon'ble Apex Court in the case of National Insurance 3 Company Limited V. Pranay Sethi 1. After addition of 40%, the monthly income of the deceased comes to Rs.4,200/- [Rs.3,000/- + Rs.1200/- (40% of Rs.3,000/-)]. The annual income comes to Rs.50,400/- (Rs.4,200/- X 12). All the appellants/petitioners are dependents of the deceased. Hence, 1/4th of the annual income of the deceased has to be deducted towards personal expenditure as per the decision of the Apex Court in the case of Smt. Sarla Varma V. Delhi Transport Corporation 2. After deduction of 1/4th towards personal expenditure, the annual loss of income of the deceased comes to Rs.37,800/- [Rs.50,400/- - Rs.12,600/- (1/4th of Rs.50,400/-)]. The deceased was aged 27 years. The appropriate multiplier is 17 as per the decision of the Apex Court in Sarla Varma case (cited 2nd supra), but the Tribunal has wrongly considered the multipler as 18. After applying, 17 multiplier, the loss of earnings of the deceased comes to Rs.6,42,600/- (Rs.37,800/- X 17). Therefore, this Court is inclined to grant an amount Rs.6,42,600/- towards loss of earnings of the deceased, which shall include Rs.4,32,000/- already granted by the Tribunal.
1 (2017) 16 SCC 680 2 2009 (6) SCC 121 4
6. The Tribunal has awarded Rs.5,000/- towards funeral expenses, which is very meager. Therefore, this Court is inclined to grant an amount of Rs.15,000/- towards funeral expenses, which shall include Rs.5,000/- already granted by the Tribunal.
7. The Tribunal has granted an amount of Rs.15,000/- towards loss of consortium on the death of the deceased. This Court is inclined to treat the said Rs.15,000/- towards loss of estate of the deceased. The deceased was survived by wife, two children and his parents, who are appellants herein. All of them are entitled to Rs.40,000/- each towards consortium and the same is hereby granted by this Court and the same comes to Rs.2,00,000/-.
8. The total quantum of compensation after enhancements granted by this Court comes to Rs. 8,72,600/- [loss of earnings: Rs.6,42,600/- + funeral expenses : Rs.15,000/- + loss of estate : Rs.15,000/- + loss of consortium : Rs.2,00,000/-].
9. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed and the quantum of compensation is enhanced from Rs.4,52,000/- to Rs.8,72,600/-. The enhanced amount shall carry interest at 7.5 % per annum from the date of filing of 5 the O.P. till the date of realization. Respondent Nos.1 and 2 herein are directed to deposit the enhanced amount to the credit of O.P. along with accrued interest within a period of two months from the date of receipt of a copy of this order as both of them are jointly and severally liable. On such deposit, the appellants are permitted to withdraw the entire amount in the proportions, as fixed by the Tribunal. The enhanced amount shall be paid to the appellants on payment of deficit Court fee, if any. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
_____________________ JUSTICE M.LAXMAN Date: 27.09.2023.
GVR