Hon'ble S.C. Chaurasia,J.
1. Heard on the CMA No.35149 of 2009: Application for Recall of the Order dated 23.3.2009 and for restoring the F.A.F.O., to its original number.
2. Ground shown, seems sufficient.
3. The application is allowed. The order dated 23.3.2000 is recalled. The appeal is restored to its original number.
4. Heard Sri Asit Kumar Chaturvedi, learned counsel for the appellants and Sri N.K. Singh learned counsel for the respondents claimants.
5. Present appeal under Section 173 of the Motor Vehicle Act, 1988, has been preferred by the appellants Union of India and another, for setting aside the award dated 26.8.2008 passed by the Motor Accident Claims Tribunal/District Judge, Pratapgarh.
6. In brief, the deceased Banshi Lal on 15.7.2006 at about 7.00 a.m. in the morning, while riding his bicycle, was going from his house to the school in village Syed Yasinpur. When he arrived at Dadupur Bariyawan, an RAF vehicle DCM No.DL/LA3078 hit the deceased from right side, driven rashly and negligently. The deceased was brought to PHC, Kunda. Later on, he was shifted to Medical College, Allahabad but he succumbed to injuries before arriving to the hospital at Allahabad. An F.I.R. was lodged and the dependants of deceased, approached the Tribunal claiming compensation under Section 166 of Motor Vehicles Act.
7. The Tribunal framed three issues. The first issue relates to the accident [2] which occurred on 15.7.2006, second issue relates to rash negligent plying of the vehicle. The Tribunal recorded a finding that the deceased was hit by vehicle in question causing serious injuries and later on, he succumbed to those injuries. The third issue relates to the compensation to which the claimants respondents are entitled to.
8. The deceased was employed as Principal, in Junior High School, Syed Yasinpur and his monthly salary was Rs.15,208/-. However, salary bill filed before the Tribunal indicates that total income in hand of the deceased was Rs.16,597/- per month. The income includes house rent allowance, life insurance and other benefits after deducting HRA etc. The Tribunal held the monthly income of the deceased to the tune of Rs.16,000/- for payment of compensation. 1/3 amount was deducted in lieu of expenses during deceased's life which has been ascertained as 59 years. Under Schedule 2 of the Motor Vehicles Act, the multiplier of 6 has been applied by the Tribunal holding that the dependants are entitled for payment of compensation to the tune of Rs.7,68,024/-, for loss of consortium,Rs.5,000/-, and for funeral expenses Rs.2000/-. Keeping in view the Schedule 2 of the Motor Vehicles Act, total compensation awarded to the dependants of the deceased is Rs.7,75,000/-.
9. Learned counsel for the appellants failed to point out any substantial illegality or perversity in the judgment and award of the Tribunal. The multiplier of 6 applied by the Tribunal does not seem to be excessive and is in accordance with Schedule 2 of the Motor Vehicles Act. The Tribunal has given interest at the rate of 6%. Keeping in view the recent judgment of Hon'ble Supreme Court, the rate of interest should have been 9% or 10%. However, since the respondents claimants have not filed any cross appeal for enhancement of compensation or rate of interest, the compensation awarded by the Tribunal along with the interest, attains finality. In view of the above, the judgment and order does not seem to suffer from any infirmity or illegality.
[3]
10. The appeal is devoid of merit and is accordingly dismissed. The amount deposited in this Court, shall be released forthwith in favour of the respondents claimants and the compensation shall be paid in terms of the proportion decided by the Tribunal.
Order Date :- 8.1.2010 Rajneesh) [S.C. Chaurasia, J.] [ Devi Prasad Singh, J.]