Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 1146 of 1995 Appellant :- Ram Kali And Another Respondent :- Smt. Durga Devi And Another Counsel for Appellant :- Madhav Jain
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988") has arisen from judgment dated 31.3.1995 passed by Motor Accident Claims Tribunal/ District Judge, Agra (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.334/1994 whereby compensation of only Rs.57,600/- has been awarded to appellant with 9% interest. Aggrieved thereto, appellant has come up in this appeal claiming enhancement of the awarded amount.
2. No other issue except grant of less amount of compensation is raised before this Court and hence this appeal being 22 years old, is decided as per Order 41 Rule 23 of C.P. Code holding that the record is enough. No other issue is raised challenging the award in MACP No. 334 of 1994 filed by the parents of deceased.
3. The main contention is that instead of multiplier of 8 as per judgment in National Insurance Company Ltd. Vs. Pranay Sethi and others, 2017(0) Supreme (SC) 1050, it is the age of deceased which has to be considered. The age of the deceased was 19 years hence as per judgment of Sarla Verma Vs. DTC, (2009) 6 SCC 121, the multiplier applied should be of 18 years. The next contention of Sri Madhav Jain, learned counsel for appellant is that income has been considered at Rs.900/- which is bad.
4. In that view of the matter, I consider the income to be Rs.1,000/- per month of the deceased in the year 1994 when the accident occurred. He being a bachelor out of the said amount, half be deducted for his personal expenses. Thus the parents would be entitled to 500 x 12 x 18 = Rs.1,08,000/-. Under the other conventional head as per National Insurance Company Ltd. Vs. Pranay Sethi and others (supra), Rs.15,000/- loss of estate and Rs.15,000/- towards love affection for the parents would be just and proper. The amount of Rs.57,600/- is enhanced to Rs.1,08,000/- + 30,000/- + 30,000 towards future income hence the parents would be entitled to Rs. 1,68,000/- with 9% interest from the date of filing of the claim petition till the judgment and award. Thereafter as the matter remained pending here and no fault of Insurance Company can be found, interest would be at the rate of 6% till deposit as it is a very old matter and hence this mode is adopted.
5. Appeal is partly allowed. The judgment and decree shall modified to the aforesaid extent. The additional amount be deposited within a period of 12 weeks from today.
Order Date :- 28.11.2017 Mukesh