1. Heard Sri Mohd. Naushad Siddiqui, learned counsel for the appellants and Sri Mansoor Ahmad, learned counsel for the respondents.
2. This appeal has been filed by the claimants being aggrieved of the award dated 28.09.2015 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 9, Kanpur Nagar in MACP No. 158 of 2012.
3. Claimants have raised two grounds in the appeal as have been noted by Division Bench of this Court in its order dated 18.02.2016 namely, presumption of income at Rs. 3,000/- (three thousand rupees) against established record of filing of income tax return or the year 2010-11, as has been accepted by witness of the insurance company, DW1 Amit Kumar, who was working as a Senior Assistant in the Firm namely, M/s R.C. Bajpai and Company, Chartered Accountant, who in his turn has accepted that he had inspected the office registers in the Office of I.T.O. ward no. 5(4) of Kanpur Nagar in which he found that there is entry for income tax return of 2010-11.
4. He further deposed that other two returns for the year 2010-12 and 2009-10 were not found recorded in the registers of the said Office. Yet overlooking the accepted evidence on record that income tax return for the year 2010-11 was found to be genuine and a perusal of the record reveals that such return was filed on 26.08.2011, prior to the date of the accident i.e., 12.12.2011, there is no iota of doubt that learned tribunal has erred in not accepting this Return as proved by the witness of the respondent-insurance company and has arbitrarily computed income of the deceased at Rs. 3,000/- (three thousand rupees) per month. Therefore, computation to be made in terms of the returned income i.e., Rs. 1,59,320/- (one lakh fifty nine thousand three hundred twenty rupees), which has been shown as the gross total income.
5. It can be presumed that since deceased was engaged in the business of vegetable and fruit vending, which are perishable goods, his net income would be 50% of the gross income. There is an income tax return available on record duly proved by the Assistant of Chartered Accountant Firm, engaged by the insurance company, showing return income for the year 2010-11 to be Rs. 1,59,320/- (one lakh fifty nine thousand three hundred twenty rupees). Therefore, 50% of this will come out to Rs. 79,660/- (seventy nine thousand six hundred sixty rupees) per annum, which can be taken as net income of the deceased. Out of this 1/3rd will be deducted, inasmuch as deceased is survived by four claimants, taking total annual dependency to Rs. 53,107/- (fifty three thousand one hundred seven rupees). Age of the deceased has been accepted by the tribunal as 35 years, therefore, there will be addition of 40% towards future prospects, taking total dependency to Rs. 74,349.80/- (seventy four thousand three hundred forty nine rupees and eighty paise). Looking to the age of the deceased, multiplier of 16 will be applicable as per the law laid down by Hon'ble Supreme Court in case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another as reported in (2009) 6 SCC 121,taking total pecuniary compensation to Rs. 11,89,596.80/- (eleven lakhs eighty nine thousand five hundred ninety six rupees and eighty paise). Over and above which claimants are entitled to a sum of Rs. 70,000/- (seventy thousand rupees) under the non-pecuniary heads, taking total compensation to Rs. 12,59,597/- (twelve lakhs fifty nine thousand five hundred ninety seven rupees) as against Rs. 4,48,000/- (four lakhs forty eight thousand rupees), awarded by learned tribunal. Therefore, there will be an enhancement to the tune of Rs. 8,11,597/- (eight lakhs eleven thousand five hundred ninety seven rupees).
6. It is directed that this amount be divided in the following manner i.e., Rs. 2,00,000/- (two lakhs rupees) each will be invested in the Fixed Deposit Receipt of a scheduled Bank in the name of claimant nos. 2, 3 and 4 till they attain age of majority. Remaining amount except Rs. 1,00,000/- (one lakh rupees), which may be paid to the appellant no. 1 in cash, remaining amount shall be invested in her name in a Recurring Deposit Scheme of a Nationalized Bank or Indian Post Office for a period of 5 years. Out of these proceeds of the recurring deposits, appellant no. 1 will be entitled to defray the interest and use it for maintenance of self and her children.
7. In above terms, appeal is disposed off.
Order Date :- 18.1.2021 Vikram/-