Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 2322 of 2019 Appellant :- Ram Jiyawan Chaubey And 2 Ors.
Respondent :- Harish Momyaya Shaifali Transport And 4 Ors.
Counsel for Appellant :- Manoj Kumar Tiwari Counsel for Respondent :- Amit Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Manoj Kumar Tiwari, learned counsel for the appellant and Sri Amit Singh, learned counsel for the respondent.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 10.12.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Mau(hereinafter referred to as 'Tribunal') in Claim Petition No.121 of 2008 awarding a sum of Rs.2,38,500/- with interest at the rate of 6%.
3. The accident is not in dispute. The issue of negligence is decided in favour of the appellant herein. The Insurance Company has not challenged the liability imposed on them by the Tribunal. The only issue to be decided is the compensation awarded.
4. It is submitted by learned counsel for the appellant that the Tribunal has considered Rs.36,000/- per annum as income which is unjust even in the year of accident. It is submitted that the income of the deceased should have been considered to be at least twice as he was a driver in a private factory. He was survived by father, mother, legal heir and brother. It is submitted that the deduction towards personal expenses also requires to be disturbed and the amount cannot be refused for future prospects of deceased.
5. It is submitted that the deceased being 28 years of age at the time of accident, the multiplier of 13 granted by the Tribunal requires to be enhanced.
6. It is submitted by learned counsel for the respondent that the income which has not been proved cannot be more than what has been assessed by the Tribunal. It is further submitted that personal expenses should be deducted as 1/2 as deceased was a bachelor. The father and brother though may be considered legal representative cannot be said to be dependants.
7. The amount under the head of future prospects has to be added as per the judgment in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050. The amount awarded under the conventional head is also required to be enhanced is submitted by counsel for the respondent.
8. After hearing the learned counsels for the parties and perusing the judgment and order impugned, this Court feels that the income of the deceased should have been Rs.4000/- per month namely Rs.48,000/- per year to which as the deceased was 28 years of age, 40% of the income requires to be added in view of the decision in Pranay Sethi (Supra) which would come to Rs.48,000 + 19,200 = 67,200/- out of which 1/2 requires to be deducted as personal expenses of the deceased and, hence, the annual datum figure available to the family is Rs.33,600/-. As the deceased was in the age bracket of 26-30 years, the applicable multiplier would be 17 in view of the decision of the Apex Court in Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121. In addition to that Rs.40,000/- is granted towards conventional heads as it is matter of 1999. Hence, the claimants are entitled to a total sum of Rs.33,600 x 17 +40,000 = 6,11,200/-.
9. The rate of interest will have to be 9% and I am unable to accept the submission of learned counsel for the respondent that the Rules framed by the State of U.P. under the Act, 1988 will apply. A Division Bench of Lucknow Bench in F.A.F.O. No. 199 of 2017 (National Insurance Company Limited Vs. Lavkush and another) decided on 21.3.2017 have interpreted the Rules, which has been followed by this Court time and again, will enure for the benefit of the appellant and, therefore the rate of interest would be 9% as held in catena of decision of this High Court.
10. I am in agreement with counsel for the respondent that after the appeal is filed and is kept pending the rate of interest requires to be decreased.
11. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited with interest at the rate of 9% from the date of filing of the claim petition till award and 6% thereafter till the amount is deposited. The amount be deposited within a period of 12 weeks from today. The amount already deposited be deducted from the amount to be deposited.
12. This Court is thankful to both the counsels to see that this old matter disposed of.
Order Date :- 22.8.2019/Mukesh