Allahabad High Court
Smt.Prema Devi And 4 Others vs Fateh Bahadur Singh And Another on 22 October, 2013
Bench: Rajiv Sharma, Satish Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 24
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 945 of 2007
Appellant :- Smt.Prema Devi And 4 Others
Respondent :- Fateh Bahadur Singh And Another
Counsel for Appellant :- Rajendra Jaiswal
Hon'ble Rajiv Sharma,J.
Hon'ble Dr. Satish Chandra,J.
Present appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred for the enhancement of the compensation, against the judgment and award dated 13.03.2007 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No.60 of 2004 (Smt. Prema Devi and others vs. Fateh Bahadur Singh and another)
The brief facts of the case are that on 14.02.2004 at about 7.20 am, the deceased was going to his office by his Motorcycle. He was working in Indo Gulf Public Trust Hospital, BHEL, Jagdishpur, District Sultanpur as Ward Boy. When he reached near village Kathaura, P.S. Kamrauli, from the opposite direction, a Truck No.UP 78-B/8245 was coming, whose driver was driving the Truck very rashly, negligently and hit the motorcycle. The deceased died on the spot, who was aged about 50 years. Necessary FIR was lodged. The legal heirs of the deceased have filed a claim petition before the Tribunal, who after examining the entire evidence has awarded a compensation of Rs.3,91,000/-. Not being satisfied, the claimants-appellant have filed the present appeal for the enhancement of the compensation.
Heard learned counsel for the parties and gone through the material available on record.
In the instant case, the accident is not in dispute. On the date of accident, the Truck driver was not holding a valid driving license. So, the Truck was plying against the terms and conditions of the Insurance Policy. The Truck was insured with M/s. National Insurance Company, Limited - opposite party no.2. So, the right of recovery was given to the Insurance Company. The deceased was salaried persons. So, the salary slip was taken into consideration, where the basic pay, D.A. and other allowances were considered. So, the Tribunal has taken the total monthly income of Rs.6,094/- out of gross salary of Rs.7,558/-. In the peculiar facts and circumstances of the case, the same appears reasonable.
By looking the age of deceased, multiplier of 8 was rightly applied but the fact remains that out of the total income, 1/3rd was deducted for personal expenses. However, in the instant case, the claimant are five. So, as per the the U.P. Motor Vehicles 11th Amendment Rules, 2011 where the family members are four to six, deduction will have to be made 1/4th. So, the deduction will have to be made 1/4th of the total income. Hence, it will come to Rs.4570.50 per month and Rs.54,846/- per annum.
So, by applying the multiplier of 8, compensation comes to Rs.54,846x8=Rs.4,38,768/-. In addition, the claimant is also entitled for Rs.9,500/- for the loss of estate, loss of consortium and funeral expenses etc. Thus, total compensation comes to Rs.4,38,768+9500= Rs.4,48,268/- and the same will have to be paid along with interest @7% per annum from the date of filing of the Claim Petition before the Tribunal.
In view of above, we modify the impugned judgment and award dated 13.03.2007 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No.60 of 2004 to the effect that the appellant-claimant is entitled for the compensation of Rs.4,48,268/- along with interest @7% per annum from the date of filing of the Claim Petition before the Tribunal.
Accordingly, the Insurance Company (Opposite party no.2) is directed to deposit the amount/remaining amount along with interest before the concerned Tribunal within a period of one month from the date of receipt of a certified copy of this order. The amount already deposited be adjusted. The registry of this Court is also directed to send the lower court record/money, if any, within a period of one month to the concerned Tribunal, who is further directed to disburse the same, in terms of the award within a period of three months thereafter.
In the result, the appeal filed by the claimants-appellant is partly allowed.
Order Date :- 22.10.2013
VNP/-
