Madhya Pradesh High Court
Madan Lal vs Madhya Pradesh State Road Trans. Corpn. ... on 22 July, 2003
Equivalent citations: 2005ACJ1589
Bench: Deepak Verma, S.K. Seth
JUDGMENT
Deepak Verma and S.K. Seth, JJ.
1. For the death of a young person aged 24 years in a road accident, 4th Addl. Motor Accidents Claims Tribunal, Indore in Claim Case No. 142 of 1997 has awarded a sum of Rs. 2,06,000 to the parents. Being dissatisfied with the amount of compensation this appeal has been preferred for the enhancement. During the pendency of claim petition, father of deceased also died, therefore, other L.Rs. were brought on record.
2. That on 26.3.1991 while deceased Prathmesh Gupta was travelling in his Maruti van along with his fiancee, he met with a road accident. The accident was caused on account of rash and negligent driving of a bus belonging to respondent No. 1 and being driven by the respondent No. 2 at the time of accident. Before the Tribunal the respondents herein filed the written statement denying their liability on the ground that the respondent No. 2 was not responsible for causing the accident. However, they were allowed by the Claims Tribunal to proceed ex parte against them. Neither they adduced any evidence in support of their defence nor cross-examined the witnesses in support of the claim petition. The Claims Tribunal on the basis of the evidence held that respondent No. 2 was responsible for causing the accident. The Tribunal further held that at the time of accident the age of the deceased was only 24 years. These findings of the Tribunal, as mentioned hereinabove, have not been challenged before us, hence the same are confirmed.
3. Learned counsel appearing for the appellants submitted that the Tribunal erred in holding that annual income of the deceased was only Rs. 18,000. Learned counsel appearing for the appellants also criticised the application of multiplier. According to him multiplier adopted by the Tribunal is on the lower side. Learned counsel for the appellants has drawn our attention to the pass book of the deceased's account with United Western Bank Ltd., Exh. P-9. Perusal of the entries in the pass book reveal that not only withdrawal but deposits were also made in the said account from time to time. AW 1 Shobhadevi, the mother of the deceased in her deposition had stated that deceased was unmarried and was doing his own business in metal scrap. AW 1 further stated that from the year 1988 when the deceased started his business the deceased used to spend some amount on the parents and up to the time of the accident deceased in fact had spent Rs. 77,000 on the parents. Thus, according to her the annual income of the deceased was Rs. 31,000. Thus, the contention of the learned counsel for the appellants cannot claim the virtue of infallibility. It is common knowledge that in a claim case income of the deceased is always exaggerated in order to fetch maximum amount of compensation. From the entries in the pass book it cannot be inferred that the annual income of the deceased was Rs. 31,000. Since the deceased was in private business the withdrawals are not necessarily only for spending it on parents. It might have been incurred in connection with business also. Thus, in our considered opinion, the annual income of the deceased can be taken at Rs. 25,000. After deducting the conventional 1/3rd amount, the annual dependency of the parents alone comes to Rs. 17,000 in round figure. Looking to the age of the deceased at the time of accident, we apply a multiplier of 18. Thus, future loss of dependency of Shobhadevi alone comes to Rs. 3,06,000. To this we add a sum of Rs. 24,000 for loss of company, loss of love and affection, funeral expenses, etc. Thus, the mother of the deceased, namely, Shobhadevi alone is entitled to receive a sum of Rs. 3,30,000 from the respondents jointly and severally. Out of amount of compensation so awarded a sum of Rs. 1,50,000 (rupees one lakh fifty thousand) shall be kept in F.D.R. of any nationalised bank initially for a period of 5 years. The balance amount shall be paid to Shobhadevi. The enhanced amount shall carry interest at the rate of 6 per cent from the date of the application till it is actually paid to the appellant.
4. The appeal is partly allowed. The impugned award is modified to the extent indicated above. The respondent No. 1 shall bear costs throughout. Counsel's fee Rs. 1,000 (rupees one thousand), if certified.