Reserved on :- 06.10.2021 Delivered on :- 22.12.2021 Case :- FIRST APPEAL FROM ORDER No. - 657 of 2020 Appellant :- Ram Sagar And Another Respondent :- Gaya Prasad And 2 Others Counsel for Appellant :- Rajendra Prasad Maurya Counsel for Respondent :- Sheo Ram Singh,Shashank Shekhar
Hon'ble Siddharth,J.
1. Heard Sri Rajendra Prasad Maurya, learned counsel for the appellants and Sri Sheo Ram Singh, learned counsel appearing on behalf of respondent nos. 2 and 3 and perused the lower court record.
2. This first appeal from order has been preferred against the judgement, order, decree dated 23.10.2019 and 06.11.2019 passed by Motor Accidents Claims Tribunal/Additional District Judge, Court No. 3, District- Chitrakoot, in M.A.C.P No. 38/70 of 2018 (Smt. Pushpa Devi and another Vs. Gaya Prasad and others).
3. The relief sought in this appeal is that the award of the court below may be modified and the full amount of compensation claimed by the claimants/appellants in their claim petition before the Motor Accidents Claims Tribunal may be allowed with costs throughout.
4. The brief facts of the claim petition are that on 21.02.2018, the son of the claimants/appellants, namely, Yash Maurya, who was going in tempo along with his mother when the tempo was hit by the bus of U.P. State Road Transport Corporation bearing registration number U.P.-70 ET/9808. The bus was being driven rashly and negligently by its driver and on account of the accident, the deceased died on the spot. The report of the accident was lodged on the same day by claimant/appellant no. 1, Ram Sagar, at P.S.-
Bargarh. An amount of Rs.30,55,000/- was claimed towards compensation for the death of the deceased.
5. The respondent no. 1, Gaya Prasad, filed his written statement denying the averments in the claim petition. He further stated that the defendant had valid driving license and hence, he was employed by the Transport Corporation as driver. He denied his negligence in the accident and stated that the respondent nos. 2 and 3 who are the Regional Manager and General Manager respectively, of the Transport Corporation are liable for the payment of compensation, if any, found payable to the claimants.
6. The respondent nos. 2 and 3 also denied the averments made in the claim petition and claimed that at the time of the accident, the documents regarding registration, fitness, driving license, etc., were in possession of the Transport Corporation.
7. Issue no. 1 regarding factum of accident and the possession of the driving license by the driver of the Corporation were decided in favour of the claimants. Issue no. 3 regarding the entitlement of the claimants to compensation and from whom was decided by the Tribunal holding that the Regional Manager and the General Manager of U.P. State Road Transport Corporation, respondent nos. 2 and 3 respectively, are liable to make payment of the compensation amount to the claimants. The Tribunal has found that the age of the deceased at the time of accident was 5 years. It has applied the multiplier of 15 to the notional income of Rs.15,000/- per annum and determined the compensation of Rs.2,25,000/-. Half amount has been deducted towards personal expenses of the deceased and compensation has been fixed at Rs.1,12,500/-. For the funeral expenses, Rs.12,500/- has been added and total compensation of Rs.1,25,000/- has been awarded to the claimants.
Rs.75,000/- has been awarded to the mother and Rs.50,000/- to the father of the deceased.
8. Learned counsel for the claimants/appellants has relied upon the judgement of the Apex Court in the case of Rajendra Singh and others Vs. National Insurance Company Limited and Others, (2020) 7 SCC 256 and submitted that in this case, the notional income of a minor child was assessed @ Rs. 36,000/- per annum with 50% deduction towards personal expenses with multiplier of 15 and compensation of Rs.2,70,000/- was awarded with 7.5% interest on the awarded amount.
9. As per the judgement in the case of National Insurance Company Limited Versus Pranay Sethi and others, (2017) 16 SCC 680, an amount of Rs.15,000/- shall be payable towards funeral expenses, Rs.50,000/- each shall be payable to the claimants/appellants towards loss of love and affection of their minor child. Since the future prospects are not payable in the case of death of minor, therefore, nothing would be payable to the claimants towards future prospects of the deceased keeping in view the uncertainties of life. As per the judgement of the Apex Court in the case of Rajendra Singh and others (supra), the amount of compensation payable to the claimants would be Rs.2,70,000/- towards pecuniary loss, Rs.15,000/- towards funeral expenses, Rs.1,00,000/- shall be payable towards loss of love and affection of minor child as per the judgement of Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram @ Chuhru Ram and Others, 2018 (4) T.A.C. 345 (SC). The total amount of compensation will come to Rs.3,85,000/-.
10. Out of the aforesaid amount of Rs.3,85,000/-, the mother of the deceased would be entitled to Rs.2,85,000/- along with accrued interest and father would be entitled to Rs.1,00,000/- along with accrued interest. Interest @ 7.5% shall be paid to the claimants on the total amount of compensation, excluding the amount already paid to the claimants, from the date of filing of the claim petition till actual realization of the compensation from the respondent nos. 2 and 3, namely, Regional Manager, U.P. State Road Transport Corporation, Banda Depot, District- Banda and the General Manager, U.P. State Road Transport Corporation, Tedhi Kothi, Lucknow. The entire enhanced amount of compensation will be deposited by the aforesaid respondents within a period of two months from today.
11. The award of the Tribunal stands modified to the above extent.
12. The appeal is accordingly, partly allowed.
13. There shall be no order as to costs.
Order Date :- 22.12.2021 KS