Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 2070 of 2007 Appellant :- Smt. Seema Devi And Others Respondent :- Smt. Dr. Vijay Laxmi And Others Counsel for Appellant :- Ram Singh Counsel for Respondent :- Archana Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Ram Singh, learned counsel for the appellant, Ms. Archana Singh, learned counsel for respondent and perused the judgment and order impugned.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 11.4.2007 passed by Motor Accident Claims Tribunal/Additional District and Sessions Judge-V, Allahabad (hereinafter referred to as 'Tribunal') in M.A.C. P. No. 432 of 2000 awarding a sum of Rs.1,89,000/- as compensation with 6% rate of interest.
3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondents have not challenged the liability imposed on them. 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 the income of the deceased to be Rs.15000/- per year which is unjust and it should have been at least Rs.36,000/- per year as the deceased was doing the business of milk selling. It is submitted that the Tribunal has not granted any amount towards future loss of income the deceased which is required to be granted in view of the decision in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050. It is further submitted that amount under non-pecuniary heads and interest awarded are on the lower side and require enhancement.
5. As against this, learned counsel for the respondent states that the quantum which is awarded by the Tribunal is just and proper and does not call for any interference as income which has not been proved, cannot be granted. It is submitted that looking to the age of the deceased, the multiplier applicable would be 17 and not 18 as granted by the Tribunal.
6. After hearing the learned counsel for the parties and perusing the judgment and order impugned, this Court feels that the income of the deceased, in the year of accident, should have been at least Rs.3,000/- per month namely Rs.36,000/- per year, to which as the deceased was aged about 27 years, 40% of the same i.e. Rs.14,400/- requires to be added as future income of the deceased in view of the decision in Pranay Sethi (Supra) which would bring the annual figure to Rs.36,000 +14,400 = 50,400/-.
7. The deduction of 1/3rd towards personal expenses of the deceased is just and proper is the submission of of the learned counsel for respondent. However, as deceased is survived by his parents, widow and three children, therefore deduction of 1/4th would be just and proper. Hence, after deduction of 1/4th the amount would come to Rs.37,800/-. As the deceased was in the age group of 26-30, the applicable multiplier would be 17 and not 18 as granted by the Tribunal 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.70,000/- is granted under the head of non-pecuniary damages in view of the decision in Pranay Sethi (Supra). Hence, the claimants are entitled to a total compensation of Rs.37,800 x 17 + 70,000 = 7,12,600/-.
8. The rate of interest will have to be 9% in view of the judgment of the 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 which has been followed by this Court time and again and which will enure for the benefit of the appellants.
9. 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 by the Insurance Company within 12 weeks from today 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 already deposited be deducted from the amount to be deposited.
Order Date :- 17.12.2019 Ram Murti