United India Insurance Company ... vs Smt. Mohinder Kaur And Ors.
2002 Latest Caselaw 1054 Del

JUDGMENT

R.C. Chopra, J.

1. The appellant Insurance Company assails the orders dated 23.2.2000 passed by learned Motor Accident Claims Tribunal in S.No. 625/95 by which a compensation of Rs. 6,65,000/- with interest @ 12 per cent per annum was awarded in favor of the respondents-claimants on account of the death of deceased Gurdeep Singh in a road accident on 15.4.1995. The appellant-Insurer has assailed the quantum of compensation solely on the ground that the deceased was unmarried and the respondents-claimants are his mother and younger sisters and brother but the learned Tribunal has awarded compensation to them without taking into consideration that the deceased was likely to get married and thereafter the financial support to the respondents-claimants was likely to be reduced to a considerable extent.

2. The facts relevant for the disposal of this appeal, briefly stated, are that the respondents-claimants, the mother and younger sisters and brother of deceased Gurdeep Singh, had filed a petition for compensation alleging that on 15.4.1995 the deceased Gurdeep Singh sustained fatal injuries while going on a Scooter when he was hit by a Truck No. DHL-3357 which was being driven in a rash and negligent manner by respondent No.5. Respondent No.6 was the owner of offending vehicle. According to the respondents-claimants, the appellants was the insurer of the offending vehicle which fact is not disputed. The respondents-claimants, alleged that at the time of his death the age of the deceased was about 29/30 years and he was getting a salary of Rs. 4000/- per month. The age of the mother of the deceased, respondent No.1 was about 50 years and respondents No.2, 3 and 4 were his younger sisters and brother. According to them had the deceased not died in the accident in question he would have lived up to the age of 80 years and supported them for atleast 40 years. According to them his income would have gone up to Rs. 30,000/- per month by the time he had reached the age of 70 years. They, therefore, claimed compensation @ Rs.4000/- per month for the period of 10 years amounting to Rs. 4,80,000/-, Rs. 2 lakhs which the deceased would have contributed towards the marriage expenses of his sisters, a sum of Rs. 1,20,000/- on account of mental pain and agony on account of death of the deceased, a sum of Rs. 50,000/- on account of shortening of expectation of life, a sum of rs. 20,000/- for loss of Scooter and a sum of Rs. 40,000/- towards medical expenses incurred between the date of the accident and the date of the death of the deceased

3. The learned MACT while deciding issue No.3 in regard to the amount of compensation payable to the respondents-claimants came to the conclusion that at the time of his death the age of the deceased was about 30 years and his income was Rs. 4300/- per month. Holding that the job of the deceased was not stable in nature, as it was a private firm, the Tribunal came to the conclusion that the deceased could be expected to get a rise up to Rs. 5000/- per month in the near future. After deducting 1/3 towards the personal expenses the dependency of the respondents-claimants on the deceased was taken at Rs. 40,000/- per annum. In view of a age of the respondent No.1, mother, a multiplier of 15 was applied and a sum of Rs. 6 lakhs was held to be payable to the respondents/claimant as compensation on account of financial loss due to the death of the deceased. A sum of Rs. 10,000/- was awarded for mental pain and agony and a sum of Rs. 5,000/- on account of funeral expenses and loss of estate. A sum of Rs. 30,000/- was awarded on account of the medical expenses incurred towards the treatment of the deceased and a sum of Rs. 20,000/- was awarded towards damages to his Scooter. Thus a sum of Rs. 6,65,000/- was held payable to respondents-claimants as compensation on account of the death of deceased.

4. I have heard learned counsel for the appellant and learned counsel for the respondents 1 to 4. I have gone through the Trial Court Records.

5. Learned Counsel for the appellant-Insurance Company has assailed the aforesaid compensation on the solitary ground that the learned MACT failed to consider that the deceased, who was aged about 30 years at the time of his death, was likely to get married and thereafter the financial support to his mother, sisters and brother was likely to go down substantially. Learned counsel has argued that calculation of compensation on the basis of the entire income of the deceased and thereafter its grant to the respondents as it for the rest of his life the deceased was to give every thing to them only was unwarranted and unjustified. According to him after his marriage the deceased would have been spending on his wife and children and as such the financial support to his mother and other siblings would not have remained as it was at the time of his death.

6. The Court finds that the submissions made by learned Counsel for the appellant are well founded. The deceased who was aged about 30 years was likely to get married within a year or two and thereafter he would have been spending major part of his income on his own family. He could not have continued to pay 2/3 of his income to his mother and siblings for a period of 15 years as held by learned Tribunal and as such the amount of compensation awarded to the respondents-claimants is excessive and virtually a windfall. Even if the deceased had started earning Rs. 5,000/- per month. The financial support to the respondents would have been much less than that what the respondents may get as interest on the sum of Rs. 6,65,000/- as awarded by the learned Tribunal. The impugned order, therefore,e in regard to the assessment of compensation in favor of the respondents-claimants cannot be sustained.

7. After going through the pleadings, the evidence on record and the submissions made by learned counsel for the parties, this Court is of the considered view that the multiplier of 15 as adopted by learned MACT need not be disturbed for the reason that at the time of death of the deceased Gurmeet Singh the age of his mother respondent No.1 was about 50 years. She could, therefore, expect financial support from her deceased son up to the age of 65 years or so. Till the marriage of his younger sisters and till the time his younger brother became major the deceased would have supported them even and would have spent some amount on their marriages also. In view of the fact that the income of the deceased has been assessed at Rs. 5000/- per month it can be safely assumed that for a period of two years, within which the deceased was likely to bet married, the financial support to the respondents-claimants could have been in the sum of Rs. 4,000/- per month. The total amount during two years thus comes to Rs. 96,000/- For the remaining 13 years of the multiplier the deceased could not have contributed more than Rs. 1500/- per month to the respondents-claimants in as such as after his marriage he would have been under an obligation to maintain his wife and children also. Thus for 13 years Rs. 1500/- per month could be the financial support to the respondents. This financial loss would have been in the sum of Rs. 2,34,000/- only. Therefore, the total financial loss suffered by the respondents-claimants on account of loss of the income of the deceased comes to Rs. 3,30,000/- instead of Rs. 6,00,000/- as assessed by the learned Tribunal. The assessment of compensation on other heads is neither assailed or nor calls for any interference by this Court.

8. In the result, this Court is of the considered view that the compensation as assessed by learned Motor Accident Claims Tribunal vide impugned orders dated 23.2.2000 cannot be sustained. The respondent-claimants are entitled to a sum of Rs. 3,30,000/- towards loss of financial support from the deceased. In addition to this amount they are entitled to a sum of Rs.10,000/- for mental pain and agony, Rs. 5000/- towards funeral expenses, Rs. 30,000/- towards medical expenses and Rs. 20,000/- towards loss on account of damages to the Scooter of the deceased as assessed by the learned Motor Accident Claims Tribunal. The total amount of compensation payable to the respondents-claimants therefore, comes to Rs.3,95,000/-. It is ordered accordingly.

9. The appeal stands disposed of by holding that the appellant Insurance Company is liable to pay a sum of Rs. 3,95,000/- only to the respondents-claimants with interest @ 12 per cent per annum from the date of the filing of the petition till the date of realisation. The orders regarding apportionment of amount and the FDRs as passed by learned Motor Accident Claims Tribunal call for no interference.

10. No other point has been raised.