Madhya Pradesh High Court
Sutinder Pal Singh Arora And Ors. vs Ashok Kumar Jain And Ors. on 26 September, 2003
Equivalent citations: 2004ACJ782, 2003(4)MPHT383
Author: Shantanu Kemkar
Bench: Shantanu Kemkar
JUDGMENT Shantanu Kemkar, J.
1. This appeal is directed against the award of First Motor Accidents Claims Tribunal, Seoni, in Claim Case No. 110/92, dated 29-2-2000.
2. Briefly stated, the accident took place on 11-6-91 when Truck No. CPV 4975 driven rashly and negligently by Kalyansingh hit Car No. MH-31-G-0560 in which Smt. Amarjeet Kaur was going from Nagpur to Jabalpur alongwith her son Raunak, daughters Ritika and Ruchika, resulting in her death. The claimants are husband and daughter of Smt. Amarjeet Kaur. Compensation of Rs. 3,12,000/- has been awarded with interest at the rate of 4% per annum.
3. The claimants being dissatisfied with this award, have challenged the same through this appeal. The sole question for determination in this case is whether the claimants have been awarded just compensation. Shri Akshay Dharmadhikari, learned Counsel for the appellants, submitted that as the award passed by the Tribunal is grossly inadequate looking to the status and income of the deceased, the same deserves enhancement. Shri Naveen Dubey, learned Counsel for the New India Assurance Company insurer of the offending truck, supported the impugned award.
4. In order to establish the income of deceased Smt. Amarjeet Kaur, income tax returns of the years 1989-90 (Ex. P-1), 1990-91 (Ex. P-2) are relevant. The other income tax returns which were placed on record, have been filed by the claimant No. 1 husband of the deceased - after the death of his wife Amarjeet Kaur and can not be taken into consideration as possibility of them being filed, by inflating the income, can not be ruled out. Taking into consideration the income tax return of the year 1990-91 (Ex. P-2) filed on 27-9-90, i.e., just before the accident of the deceased, the income of the deceased can be safely taken to be Rs. 52,541/- per year. After deducting 1/3rd for her personal expenditure, the yearly dependency comes to Rs. 35,026/-. The age of the deceased was 35 years and therefore, the multiplier of 17 can be adopted. The compensation thus, would be Rs. 35,026/- x 17 = Rs. 5,95,442/-. The claimant husband is also entitled for Rs. 5,000/- consortium, Rs. 2,500/- loss of estate, Rs. 2,000/- funeral expenses.
5. Accordingly, the appeal is partly allowed and award is modified. Claimants are held entitled to compensation of Rs. 6,04,942/-. The appellants will be entitled for interest at the rate of 9% per annum from the date of application till payment. No orders as to the cost.