Court No. - 26
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 166 of 2000
Appellant :- Smt. Kamla Devi And Others Respondent :- P.K.Agarwal And Others Counsel for Appellant :- Madhav Jain Counsel for Respondent :- N.K. Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Madhav Jain, learned counsel for the appellants, Sri N. K. Srivastava, learned counsel for the respondent- Insurance Company and perused the record. None appears for the the owner.
2. This First Appeal From Order has been preferred against the judgment and award dated 20.08.1999 passed by Judge, Motor Accident Claims Tribunal/ Vth Additional District Judge, Agra in M.A.C. Case No. 238 of 1997 (Smt. Kamla Devi and others v. Shri P. K. Agarwal and others), awarding a sum of Rs.2,10,000 with interest of 10%.
3. The brief facts are that 36 years old driver was engaged in private tempo. The Tribunal awarded a sum of Rs.2,10,000/- with 10% rate of interest. The accident occurred on 24.02.1997. The other facts are not narrated as they are not in dispute namely (i) that the vehicle was ensured (ii) there was no breach of policy (iii) the vehicle was involved in the accident over the death had taken place (iv) the deceased was not in permanent employment (v) he has left behind him a widow and appellant nos. 3 to 7 who are heirs namely, the youngest daughter, Arti was aged 3 years of age, when she lost her father. Sweety was aged five years, Sandeep (minor) was aged eight years. Shashi was aged nine years and Seema was aged 11 years at the time of accident.
4. It is submitted by Sri N. K. Srivastava, learned counsel for the Insurance Company that award cannot be said to be bad or exorbitant. The interest rather has been granted on the higher side. The Tribunal has considered the income as it was on the date of accident namely on 24.02.1997. It is further submitted by Sri Srivastava that the income assessed cannot be said to be bad. It is further submitted by Sri Srivastav that the appeal is remained pending since the year 2000 without the delay being condoned and therefore the Insurance Company may not be saddled with interest. It is not known whether the father was dependent on the deceased or not.
5. The Tribunal considered his income to be between Rs.50/- and Rs.60/- per day, as the driver in the year of accident, meaning thereby his income has been considered to be Rs. 15,000/- per annum. Even if we go by the finding of the Tribunal holding that he was earning Rs.50/- per day, it would come to Rs.1500/- even in those days, meaning thereby Rs.18,000/- per annum. He was survived by six dependents, therefore, being a driver he would be spending some amount on himself but would also be getting Bhatta so maintaining these six people 1/5 has to be deducted, however, he being a self- employed person below the age of 40 to this Rs.18,000/- we will have to add 40% as per the judgment of Apex Court in National Insurance Co. Ltd. v. Pranay Setthi and others, S.L.P. (Civil) No. 25590 of 2014, decided on 31.10.2017, Rs. 18,000 + 7,200 which come to 25,200, it is rounded up to Rs.25,000/- divided by 5.
6. Hence, the dependency would be Rs.20,000/- per annum, the multiplier in the age group of 37 years, hence the multiplier would be 15 instead of 14. Hence, the loss to the estate would come to Rs. 3,00,000/-. As per the judgement of the Apex Court loss of consortium, loss of estate and fuel and expenses would come to Rs. 70,000/-. Hence the award shall stand modified from Rs, 2,10,000 to Rs. 3,70,000/-. Nothing was granted under the head of non-pecuniary damages. The interest which has been granted at 10% remains undisturbed, however, on the amount now awarded that is difference, it would be 9% from the date of claim petition till 2000 and at the rate of 6% thereafter, upto the amount is deposited.
7. This Court is thankful to both the counsel for getting the old matter disposed of.
8. The appeal is party allowed. The judgment and award shall stand modified to the aforesaid extent. The amount as ordered hereinabove be deposited within 12 weeks from today.
Order Date :- 27.2.2019 V.S.Singh