Mohd. Rafiq And Another vs Union Of India And Others
2022 Latest Caselaw 497 j&K

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

                                                   MA No. 119/2015
                                                   Reserved on : 22.03.2022
                                                   Pronounced on : 28.03.2022

Mohd. Rafiq and another                                       .....Appellant(s)

                        Through: Mr. A.K. Shan, Advocate
                  Vs.

Union of India and others                                    ..... Respondent(s)

                        Through: Mr. Vishal Sharma, ASGI


Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE

                                  JUDGMENT

1. The appeal in hand has been filed by the appellants against the award

dated 19.12.2014 passed by the Motor Accident Claims Tribunal,

Poonch in Claim No. 18/2012 titled "Mohd. Rafiq and anr. vs. Union of

India and ors.", whereby the learned Tribunal has granted compensation

of Rs. 3,00,000/- along with interest @ 7.5% per annum from the date of

institution of the petition till its realization.

2. The brief facts of the case are that on 31.08.2012 the deceased, namely,

Mumtaz Ahmed S/o Mohd. Rafiq R/o Chandak, Tehsil Haveli, District

Poonch was travelling on a vehicle (Motor Cycle) as a pillion rider, met

with an accident with vehicle No. 02e/70125/X79 RCC at Kalai Morh,

Poonch-Surankote road which was driven by the respondent No. 3 rashly

and negligently, as a result of which the deceased died in District

Hospital, Poonch. The father and mother of the deceased/appellants

herein had filed a claim petition being Claim No. 18/2012 before the

learned Motor Accident Claims Tribunal, Poonch seeking compensation

for the death of their son in the accident with the vehicle referred herein

above. On the basis of pleadings the following issues were framed:-

"1. Whether the deceased Mumtaz Ahmed S/o Mohd Rafiq R/o Chandak, Tehsil Haveli, District Poonch died due to the accident of vehicle No. 02e/70125/X79 RCC at Kalai Morh, Poonch- Surankote road due to rash and negligent driving of the driver Amrik Singh..? OPP

2. In case issue No. 1 is proved in affirmative, whether the petitioners are entitled for compensation, if yes, to what extent..? OPP

3. Relief..? O.P. Parties."

3. The grievance of the claimants/appellants herein is that they have lost

their brilliant son in such a tender age of 17 years, who had a bright

future ahead because he was pursuing B.A. Part-I, but the Tribunal has

fell in error while observing that income of the deceased for

determination of compensation can be taken that of non-earning person

which is Rs. 15,000/- p.a., which is a matter of humiliation not only for

the claimants but for the deceased also, who was having such a brilliant

future ahead because of his educational qualification.

4. Learned counsel for the appellants argued that the salary of even a

Constable or a Clerk having simple qualification is much more than Rs.

20,000/- per month, therefore, the compensation awarded by the

Tribunal is on a lesser side.

5. The learned Tribunal while passing the impugned award has observed

that income of the deceased for determination of compensation can be

taken that of non-earning person as prescribed in the second schedule of

Motor Vehicle Act, 1988 which is Rs. 15,000/- p.a. as notional income

for determination of the compensation. The Tribunal has also relied

upon the judgment of the Apex Court in case "Sarla Verma vs. Delhi

Transport Corporation and anr." reported in 2009 (3) Supreme 489

with regard to adoption of multiplier of 18 in the age group of 21-25

years due to death of the deceased, the total loss of dependency to the

petitioners/appellants herein came to Rs. 15000 X 18 = 2,70,000/-. The

Tribunal has further observed that besides the loss of dependence, the

petitioners are also found entitled to an amount of Rs. 25,000/- at least as

funeral expenses and Rs. 5,000/- as loss of estate and subsequently, the

Tribunal came to the conclusion that the appellants herein are entitled to

compensation of an amount of Rs. 3,00,000/- along with interest @

7.5% per annum from the date of institution of the petition till its

realization.

6. Learned counsel for the appellants has produced some judgments passed

by the Apex Court, a perusal whereof reveals that the same are not

applicable to the case in hand.

7. Therefore, in view of what has been discussed above, the impugned

award passed by the learned Motor Accident Claims Tribunal, Poonch

does not require any interference. Accordingly, the appeal fails and the

same is hereby dismissed. Record of the Tribunal be send down.

              JAMMU                                                              (Tashi Rabstan)
              28.03.2022                                                               Judge
              Pawan Angotra

                                                           Whether the order is speaking : Yes/No
                                                              Whether the order is reportable : Yes/No




PAWAN ANGOTRA
2022.03.28 15:44
I attest to the accuracy and
integrity of this document