Madhya Pradesh High Court
Munni Bai Sahu And Ors. vs Man Mohan Singh Hora And Ors. on 3 February, 2003
Equivalent citations: IV(2005)ACC413
JUDGMENT Bhawani Singh, C.J.
1. Through this appeal, award of Motor Accident Claims Tribunal, Jabalpur in M.V.C. No. 103 of 1997 dated 28.8.1999 has been challenged.
2. Shortly stated, accident occurred on 6.4.1997 at Tripuri Chowk, Garha Road, Jabalpur when Nanheveer Sahu, deceased, was going on his bicycle to attend his work, truck No. MKM 1935 driven rashly and negligently dashed with the bicycle of the deceased from behind. As a result, deceased suffered injuries in the head and other parts of the body. He died on the spot. The deceased Nanheveer Sahu was 35 years old. He was a raj-mistri (skilled mason) and earning Rs. 150 per day. The claimants are dependants of the deceased, therefore, they claimed compensation of Rs. 13,10,000.
3. Driver of vehicle has been proceeded ex parte. Owner of vehicle states that the vehicle was being driven by Ramakant at the relevant time. Accident occurred due to negligence of the deceased. Insurance Company states that it was not informed about the taking place of accident by the truck owner. There is collusion between the claimants and the driver and owner of truck. Deceased was himself responsible for the accident. The owner and the driver were using the vehicle in contravention of the terms and conditions of the insurance policy, therefore, it is not liable to pay compensation and the claim deserved to be dismissed. However, the Claims Tribunal held, as alleged by the claimants, that there was no violation of conditions of insurance policy. The owner and driver of the offending truck were jointly and severally liable to pay compensation of Rs. 2,18,200 with interest at the rate of 12 percent per annum from the date of application.
4. This appeal is at the instance of the claimants seeking enhancement of compensation. Submission is that the deceased was earning Rs. 150 per day as per evidence placed before the Claims Tribunal. Assessment of compensation at the rate of Rs. 100 per day by the Claims Tribunal is without justification and application of multiplier of 11 is absolutely erroneous, rather multiplier of 16 is applicable since the deceased was 36/40 years old at the time of accident.
5. Giving consideration to the matter, Munni Bai states that the deceased was a raj-mistri, earning Rs. 150 per day. He used to work for 23-24 days in a month. She produced a certificate of Sai Builders, Exh. P-l dated 2.6.1997. It mentions that deceased was working with it as raj-mistri and paid Rs. 150 per day. This certificate has been proved by Rajesh Verma, PW 3, with whom deceased was engaged. With this background, submission of the learned Counsel for National Insurance Co. Ltd. that the record of attendance and payment should have been produced cannot be accepted. Whatever possible could be done, has been done by the claimants. In case, respondent disputed this statement, it could seek production of the record but it failed to do so, therefore, evidence of Munni Bai and Rajesh Verma has to be accepted and monthly income of the deceased is fixed at Rs. 3,600. After deducting one-third for personal expenditure, monthly dependency comes to Rs. 2,400 (annual Rs. 28,800). Applying the multiplier of 16, the figure comes to Rs. 4,60,800. In addition, claimants are also entitled to Rs. 7,000 for loss of expectancy of life, Rs. 5,000 for loss of consortium to the wife, Rs. 2,500 for loss to the estate and Rs. 2,000 towards funeral expenses, taking total amount of compensation to Rs. 4,77,300.
6. Consequently, appeal is allowed and award of Claims Tribunal is modified. The appellants are entitled to compensation of Rs. 4,77,300 (Rupees four lakh seventy-seven thousand three hundred). Enhanced compensation will carry interest at the rate of 9 percent per annum, from the date of application till payment, joint and several liability of owner and driver of truck No. MKM 1935, payable by National Insurance Co. Ltd. within a period of two months. The compensation shall be payable to the claimants as under:
(1) Munni Bai Sahu (wife) 55 percent (2) Manoj Sahu (son) 15 percent (3) Sushma Sahu (daughter) 15 percent (4) Manish Sahu (son) 15 per cent
The share of Manish Sahu, appellant No. 4, minor, be deposited in his name through mother Munni Bai Sahu in fixed deposit in a nationalised bank for the period till he attains majority.
Costs on parties.