THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR M.A.C.M.A. No. 2435 of 2006 Judgment:
The claimants, aggrieved by the award dated 06.12.2005, passed in MVOP No.477 of 1999 by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Chittoor, granting compensation of Rs.1,50,000/- out of the claim of Rs.5,00,000/-, filed the present appeal seeking enhancement of compensation.
The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.
The claimants brief case is as follows. That on 29.08.1999 at about 2.00 PM the deceased Usha Rani was travelling in KSRTC bus bearing No.KA 01F-6762. It is alleged that there was collision between the said bus and the bus bearing No.TN-01N-6609 and in the said accident deceased died. The finding of the Tribunal that both the drivers were negligent and negligence was apportioned between both of them as 50 : 50 and the said findings are not under challenge in this appeal. Therefore, there is no need to discuss those aspects any further.
Now the quantum of compensation alone is in question in this appeal. The claimants case is that the deceased was a house wife aged about 40 years. The Tribunal has taken the income of the deceased at Rs.15,000/- per year. The same appears to be on lower side. Even if the deceased is treated as a house wife, the services rendered by the house wife may not be estimated less than Rs.3,000/- per month. Accordingly, the income of the deceased is estimated at Rs.3,000/- per month. If 1/3rd is deducted towards her personal expenses, the loss of contribution would come to Rs.2,000/- per month and Rs.24,000/- per annum. Since the deceased was aged about 40 years appropriate multiplier is ‘15’. If the same is applied, the total loss of earnings would come to Rs.3,60,000/-. The first claimant husband of the deceased is entitled to Rs.1,00,000/- towards loss of consortium. The claimants are entitled to Rs.25,000/- towards funeral expenses and Rs.1,00,000/- towards loss of estate. Thus, in all, the claimants are entitled to Rs.5,85,000/-.
In view of the judgment of the Apex Court reported in Rajesh v.
[1]
Rajbir Singh , irrespective of the amount claimed by the claimants towards compensation it is the duty of the Courts to award just and reasonable compensation. However, the claimants have to pay the deficit court fees.
Accordingly, the MACMA is allowed awarding compensation of Rs.5,85,000/-. The Tribunal awarded interest at 7.5% p.a., from the date of petition till realization and the same appears to be reasonable and there is no need to disturb the same. Out of the said compensation amount the first claimant shall take Rs.2,45,000/- and the claimants 2 and 3 shall take Rs.1,70,000/- each. The claimants are directed to pay deficit court fee, even otherwise the Tribunal, after the respondents deposited the compensation amount, may deduct the amount required for payment of deficit court fee and pay the remaining compensation amount to the claimants. However, in the circumstances, no costs.
As a sequel, the miscellaneous petitions, if any, pending in this appeal shall stand closed.
B. CHANDRA KUMAR, J.
Date: 27.11.2014 Nsr
[1] (2013) 9 SCC 54