Raman Malhotra And Ors. vs U.O.I And Ors. on 23 September, 2016

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Jammu & Kashmir High Court

Raman Malhotra And Ors. vs U.O.I And Ors. on 23 September, 2016

Bench: Ramalingam Sudhakar

HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU

CIMA No. 197/2009

					     Date of order:-23/09/2016



Raman Malhotra and ors.	Vs.	         Union 0f India and ors.

Coram:


       	Hon'ble Mr. Justice Ramalingam Sudhakar, Judge

Appearing counsel:


For the Appellant (s)	:   	Mr. Kamal Gupta, Advocate.			
For the respondent(s) :   	Mrs. Sindhu Sharma, ASGI.

(a) Whether approved for reporting in Digest/Law Journal-Net : Yes/No

(b) Whether approved for reporting in Press/Media : Yes/No 0 The Appellants-claimants are on appeal challenging the award dated 30.01.2009 passed by the Motor Accidents Claims Tribunal, Jammu. It is a case of fatal accident. Appellants-Claimants claimed compensation on account of death of deceased Reeta Rani Kakkar, who died in a road accident on 22.08.2005. The deceased was driving a Scooter and was hit by the Army vehicle. The finding of the Tribunal for rash and negligent driving of driver of the Army Vehicle and causing death of Reeta Rani Kakkar, is not under challenge. The claimants are husband and two minor children, namely, Anjali Malhotra (Daughter) and Amit Malhotra (son), aged 17 and 15 respectively. At the time of accident, the deceased was 43 years old and was working as TSO in Bharat Sanchar Nigam Limited (BSNL) and was drawing Rs. 14,504/- (Exhibit EXPW/R), as per the certificate issued by the Senior Accounts Officer, BSNL.

The Tribunal, however, fixed the income of the deceased at Rs. 6000/- per month and after deducting 1/3rd of the income by adopting multiplier 13 granted the following compensation along with interest at the rate of 7.5% per annum from the date of filing of claim petition:-

For loss of income -Rs.6,24,000/-

For funeral expenses.		-Rs.    15,000/-
For loss of consortium.		-Rs.    15,000/-
_________________ 
            Total.					-Rs. 6,54,000/-
							___________________

The claimants are seeking enhancement of compensation by stating that income of the deceased has been wrongly fixed by the Tribunal, when even the income certificate has been produced on record and it is further pleaded that the multiplier adopted is also on lower side. No amount has been granted for loss of love and affection for two minor children and meager amount of Rs. 15000/- has been granted for loss of consortium to the husband. The reasoning given by the Tribunal to reduce the income from Rs.14,504/- to Rs. 6,000/- appears to be inappropriate because deductions should be only statutory deductions and not others. The major amount subscribed towards General provident Fund cannot be deducted while assessing the income. Therefore, the Tribunal fell into error by reducing the income. As far as the multiplier of 13 is concerned, as already decided and laid down by the Hon'ble Apex Court in case titled Sarla Verma and ors v. Delhi Transport Corporation & anr, reported as (2009) 6 SCC 121, the multiplier of 14 shall be appropriate in this case.

Deducting 1/3rd towards the personal expenses of the deceased out of Rs. 14,504/-, ( Rs. 14,504 divided by 3 =Rs. 4834/-) the total loss of income to the dependents comes to Rs. 9,670/-(Rs.14.504-4834/-= Rs. 9,760/-) per month. Therefore the total pecuniary loss will be (Rs.9670 X 12 X14) =Rs. 16,24,560/-. Two minor children will be entitled to Rs. 30,000/- each for loss of love and affection. The husband will be entitled to Rs. 30,000/- on account of loss of consortium.

The award of the Tribunal is modified and the claimants are entitled to the following enhanced compensation along with interest at the rate of 7.5% per annum from the date of filing of claim petition before the Tribunal:-

S.No Heading Award of the Tribunal Modified award

1.

For loss of income Rs. 6,24,000/-

Rs. 16,24,560/-

2. For funeral expenses Rs. 15,000/-

Rs. 15,000/-

3. For loss of consortium Rs. 15,000/-

Rs. 30,000/-

4. For loss of love and affection.

Nil Rs. 60,000/-

Total Rs. 6,54,000/-

Rs.17,29,560/-

Mrs. Sindhu Sharma, learned Assistant Solicitor General of India seeks 12 weeks' time to deposit the enhanced award and it is granted. This appeal is allowed in the above terms enhancing the award of the Tribunal.

  				  		 (Ramalingam Sudhakar)    			                              Judge
Jammu
23.09.2016 :Tilak, Secy.

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