Rajasthan High Court - Jaipur
Sobhagya Devi And Ors. vs Sukhvir Singh And Ors. on 20 October, 2005
Equivalent citations: II(2006)ACC97
Author: Ajay Rastogi
Bench: Ajay Rastogi
JUDGMENT Ajay Rastogi, J.
1. It is claimants' appeal for enhancement of compensation granted vide award dated 26th May, 2001 passed by Motor Accident Claims Tribunal, Kotputli (District Jaipur) ("Tribunal") in MACT Case No. 451/99.
2. Claimants are parents and sisters of deceased Manish aged 12 years, and on 10th March, 1999 while he was going to give leave application of his father in Government School, Ramsinghpura and was moving to his side of footpath near Gopalpura Mod National Highway No. 8, was hit by a tanker No. GJ-6V-8156, being driven rashly and negligently by its driver, and as a result of accident, he died. The Tribunal awarded compensation of Rs. 1,10,000 with interest@ 9% p.a. from d the date of claim petition till actual payment.
3. Mr. B.C. Rawat, Counsel for claimants urged that even where the deceased is considered to be non-earning member in the family, his notional income has been considered of Rs. 15,000 per annum and multiplier of 15 is adopted as per Schedule to the Motor Vehicles Act, 1988 ("the Act"), which ought to have been adopted by e the Tribunal, but without taking into consideration material on record, granted a lumpsum compensation of Rs. 1,10,000 towards loss of financial dependency, love and affection, funeral expenses, etc., to the claimants, which is not adequate and justified. In support of his contention, Shri Gupta placed reliance upon the decision of Apex Court in Manju Devi v. Musafir Paswan IV (2005) ACC 15 (SC) : 2005 (1) TAG 609 (SC) and also of this Court in Shree Lal v. R. Surya Kanta 2005 (3) WLC (Raj.) 707.
4. On the other hand, Counsel for respondents contended that looking to the age of deceased what has been awarded by the Tribunal is adequate and no interference in the impugned award is required to be made.
5. I have considered rival contentions and perused the findings recorded by 9 the Tribunal. As per Second Schedule to the Act, upto the age of 15 years, multiplier of 15 is to be applied when the Legislature in 2nd Schedule has not made any difference in application of multiplier for the death of non-earning member. In the present case, deceased (son of claimants), who was also a non-earning member, there cannot be made any difference with regard to quantum of compensation as u awarded in the judgment referred to (supra). In my considered opinion, this matter is covered by judgment of the Apex Court in Manju Devi v. Musafir Paswan (supra), wherein the deceased was a boy of 13 years, the Apex Court took his annual income of Rs. 15,000 being a non-earning member as per Second Schedule and therefrom no amount has been deducted for his personal expenses and after applying multiplier of 15, awarded compensation to a sum of Rs. 2,25,000 under the head of loss of economic dependency to the family.
6. In view of settled legal position (supra), this appeal is allowed and the claimants are entitled for enhanced compensation for a sum of Rs. 1,15,000 (Rs. 2,25,000 minus Rs. 1,10,000 awarded vide impugned Award), which shall also carry interest @ 6% per annum, from the date of filing of claim application till its actual payment. Enhanced compensation with interest shall be deposited by Insurance Company through A/c payee bank draft/pay order before the Tribunal within two months.
7. The Tribunal is further directed to deposit the enhanced compensation in FDR for three years in nationalised bank in joint name of claimant-parents, who will be entitled to receive monthly interest on FDR supra as well as full amount of FDR on its maturity.
8. It is made clear that no premature encashment shall be permitted in respect of fixed deposits, however, on an application being made to the Tribunal and it being satisfied about urgency of any need and absence of financial resources to meet any urgent financial need may permit loan or advance or premature encashment by a reasoned order. To the above extent, impugned award stands modified. No order as to costs.