Allahabad High Court
U.P.S.R.T.C. vs Jai Prakash Jain And 2 Others on 12 April, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 1573 of 2016
Appellant :- U.P.S.R.T.C.
Respondent :- Jai Prakash Jain And 2 Others
Counsel for Appellant :- Sunil Kumar Misra
Counsel for Respondent :- Ram Singh,Jay Prakash Singh
Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri Sunil Kumar Misra, learned counsel for appellant, Sri Jay Prakash Singh, learned counsel appearing for claimant-respondent nos.1 and 2 and perused the record. No one is present on behalf of respondent no.3.
2. The present first appeal from order has been filed by the appellant Corporation against the judgment and award dated 10.2.2016 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.8, Allahabad in M.A.C.P. No.48 of 2013 (Jai Prakash Jain and another Vs. U.P.S.R.T.C. and another), by which the compensation of Rs.41,90,366/- along with 7% interest has been awarded to the claimants on account of death of Shaumya Jain aged about 29 years.
3. It is submitted by learned counsel for appellant that bus of the appellant was not involved in the accident and claimants had failed to prove the involvement of the bus in the accident. It is further submitted that Claims Tribunal had erred in applying the multiplier of 18 accepting the age of deceased as 29 years whereas the appropriate multiplier would be 17 as provided by Hon'ble Apex Court in the case of Smt. Sarla Verma Vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677 for the age group of 26-30 years.
4. Learned counsel appearing for claimants-respondents has submitted that the F.I.R. was lodged against the driver of bus of the appellant Corporation and the Investigating Officer after due investigation had submitted the charge-sheet against the bus driver. It is further submitted that claimants-respondents had produced Sunil Kumar as P.W.-2, who was eye witness of the accident and has proved the factum as well as involvement of the bus in the accident.
5. The Claims Tribunal has recorded the finding while deciding the issue no.1 that accident was occurred on account of rash and negligent driving of driver of bus bearing no.U.P.-70/CT-9806 which was driven by its driver very rashly and negligently. The finding recorded by Claims Tribunal in respect of negligence of driver of bus owned by the appellant is based on evidence and there is no illegality in any manner. So far as multiplier is concerned, the Hon'ble Apex Court in the case of Smt. Sarla Verma (supra) has provided the multiplier of 17 for the age group of 26-30 years and since the age of the deceased was 29 years, the appropriate multiplier would be 17 and the Claims Tribunal had erred in applying the multiplier of 18.
6. Considering the rival submissions of learned counsel for the parties, the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :-
1. Monthly Income : = Rs.25,743/-
2. Annual Income : = Rs.25,743/- x 12 = Rs.308,916/-
3. Future prospects : (50%) = Rs.1,54,458/-
4. Total annual income : = Rs.308,916/- + Rs.1,54,458/- = Rs.4,63,374/-
5. Deduction towards
personal expenses (1/2) : = Rs.4,63,374/- - Rs.2,31,687/- = Rs.2,31,687/-
6. Multiplier applicable (17) : = Rs.2,31,687/- x 17 = Rs. 39,38,679/-
7. Non-pecuniary damages : = Rs. 20,000/-
Total : Rs. 39,38,679/- + Rs. 20,000/- = Rs. 39,58,679/-
7. In view of aforesaid discussion, the appeal filed by appellant Corporation is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is reduced from Rs.41,90,366/- to Rs.39,58,679/-.
8. Interim order, if any, stands vacated.
9. The appellant was directed to deposit the entire awarded amount vide order dated 16.5.2016 and the claimants/respondents were permitted to withdraw 50% of the deposited amount and rest 50% was directed to be invested in fixed deposit scheme. The appellant is entitle to refund of Rs.2,31,687/- from the amount which was invested in fixed deposit scheme and rest amount with interest will be paid to the claimants/respondents forthwith.
10. No order as to costs.
Order Date :- 12.4.2022
Kpy
