Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 105 of 1995
Appellant :- Sri Farzoo
Respondent :- Sri Narendra Kumar Jain And Others Counsel for Appellant :- Rakesh Kumar Gupta Counsel for Respondent :- Ram Chandra Banaudha
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Rakesh Kumar Gupta, learned counsel for appellant and perused the record. None present for respondent.
2. This appeal has been preferred against the judgment and award dated 25.10.1994 passed by Motor Accident Claims Tribunal/VIII Additional District and Sessions Judge, Meerut in M.A.C.P. Nos. 1 of 1994, 2 of 1994 and 3 of 1994 whereby awarding a sum of Rs.45,000/-, Rs.25,000/- and Rs.57000/- with interest @ 12% as compensation to the claimants.
3. The appeal is preferred by Farzoo who is the father of the deceased and he has preferred claim petition No. 3 of 1994. The facts are not necessary as the accident is accepted the insurance policy be in vogue is accepted that the deceased died out of the accidental involving the vehicle insured by the respondent. The question of negligence has also not be agitated here. The brief facts germane for our purpose are that on the date of accident, namely, 2.12.1993, three people were travelling on the tractor at that time a bus bearing No. URJ961 came from the opposite direction and dashed with the said tractor, the impact of the said dash was such that three persons died on the spot and the tractor was wrecked into parts. The three claim petitions came to be decided together. we are concerned with M.A.C.P. No. 3 of 1994 preferred by father of the deceased who has filed this appeal.
4. This appeal is taken up for final disposal. As since several months though the matter is listed, counsel for claimant who is father of the deceased is remaining present. Learned counsel for National Insurance Company Ltd., Sri Ram Chandra Banaudha has absented himself. I have adjourned the matter time and again for his benefit. This is appeal of the year 1995.
5. It is submitted by Sri R.K. Gupta, learned counsel for appellant that the Tribunal has erred in granting multiplier on the age of the father. The said judgment of the Tribunal is against the judgment of the Apex Court and this Court. The judgment of Apex Court in the case of National Insurance Company Limited Vs. Pranay Setthi and others, S.L.P. (Civil) No. 25590 of 2014 decided on 31.10.2017 has held that the multiplier has to be as per the age of the deceased. It is further submitted that age of deceased was 23 years. He died out of the said vehicular accident. He was self-employed person and, therefore, even if the income is considered to be Rs.650/- per month in the year 1993. He was 10th grade pass tailor in a small village. The Tribunal has considered his annual income to be Rs.7800/- As per Pranay Setthi (supra). The amount of Rs.7800/- which is taken by the Tribunal, if the same requires to be accepted, as no evidence was produced by the claimants in the year 1993, the income which is assessed at Rs.650/- is bad as it is submitted by Sri R.K. Gupta, learned counsel for appellant that even if the finding goes the Tribunal itself has held that the income could not have been more than Rs.1000/- which goes to the root of the matter according to him even the Tribunal has held that the income could not have been more than Rs.1,000/- hence even if we take the income to be Rs.700/- per month as per Pranay Setthi (supra) as submitted by counsel for appellant. As he was below the age of 40, 40% will have to be added which makes to Rs.1000/- per month, the same will take this Court to Rs.12000/- per annum, as he was a bachelor and unmarried we will have to halve for his personal expenses. Hence 6000 x 18 would be multiplier which comes to Rs.1,08,000/- to that a sum of Rs. Rs.10000/- which has been granted is enhanced to Rs.20000/- for loss of love and affection.
6. In view of above, the appeal is partly allowed with interest @ 9% from the date of claim petition till the judgment and 4% thereafter. Judgment and decree shall stand modify to the aforesaid extent. The amount of Rs.1,28,000 is granted to the appellant herein.
7. This Court is thankful to Sri R.K. Gupta, learned counsel for appellant for getting very old matter disposed of.
Order Date :- 27.2.2019 Shubhankar