Chattisgarh High Court
Smt Indrani Upadhayay vs Suresh Kumar Yadav on 17 February, 2011
Author: Rajeev Gupta
Bench: Rajeev Gupta
HIGH COURT OF CHATTISGARH AT BILASPUR
Miscellaneous Appeal No 586 of 2005
1 Smt Indrani Upadhayay
2 Ku Mamta Upadhayay
3 Toran Upadhayay
...Petitioners
VERSUS
1 Suresh Kumar Yadav
2 Firoz Khan
3 The United IndiaInsurance Company Limited through Divisional Manager the United India Insurance Company Limited
...Respondents
! Shri Shivendu Pandya counsel for the appellants
^ Shri GS Patel counsel on behalf of Shri Abhishek Sinha counsel for respondent No 3
CORAM: HONBLE SHRI RAJEEV GUPTA CJ HONBLE SHRI SUNIL KUMAR SINHA J
Dated: 17/02/2011
: Judgement
ORDER
(17th February, 2011) Appeal under Section 173 of the Motor Vehicles Act The following order of the Court was passed by Rajeev Gupta, C.J.
The unfortunate widow and minor children of deceased Sharda Prasad Upadhayay are the appellants before us in this appeal for enhancement of the compensation awarded by the 14th Additional Motor Accident Claims Tribunal, Raipur (for short `the Tribunal') vide award dated 26.02.2005, passed in Claim Case No.06/2004.
2) As against the compensation of Rs.16,74,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Sharda Prasad Upadhayay, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 24.04.2002, the Tribunal awarded a total sum of Rs.5,67,640/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.
3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Sharda Prasad Upadhayay died on account of the injuries sustained by him in the motor accident on 24.04.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.C.G.04-ZA-2094; as the above offending vehicle Jeep on the date of the accident was insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants.
4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.
5) The Tribunal assessed the income of the deceased at Rs.4,380/- per month. By deducting 1/3 of Rs.4,380/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,920/- per month and Rs.35,040/- per annum. By multiplying the annual dependency of Rs.35,040/- with the multiplier of 16, the compensation was worked out to Rs.5,60,640/-. By awarding further sum of Rs.7,000/- under other heads, the Tribunal awarded a total sum of Rs.5,67,640/- as compensation to the claimants for the death of deceased Sharda Prasad Upadhayay in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.5,67,640/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.
6) Shri Shivendu Pandya, learned counsel for the appellants submitted that the Tribunal has erred in assessing the compensation on the basis of the basic-pay of the deceased and ignoring the amount of dearness allowance which he was getting along with his salary; and in awarding low compensation of Rs.5,67,640/- only.
7) Shri G.S. Patel, learned counsel on behalf of Shri Abhishek Sinha, learned counsel for respondent No.3, the United India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.5,67,640/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.
8) Deceased Sharda Prasad Upadhyay was aged about 39 years on the date of the accident. At the relevant time he was working as Constable in the Police Department. The claimants adduced in evidence the salary certificate Ex.P/1. The salary certificate Ex.P/1 reveals that deceased Sharda Prasad Upadhyay received basic-pay of Rs.4,380/- and dearness allowance of Rs.1,883/- in the month of March 2002. The Tribunal apparently has fallen into error in assessing the compensation on the basis of the basic-pay of Rs.4,380/- per month alone. We, therefore, propose to recompute the compensation taking the monthly salary of the deceased at Rs.6,263/- per month which is rounded-off to Rs.6,300/- per month.
9) By deducting the usual 1/3rd of Rs.6,300/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.4,200/- per month and Rs.50,400/- per annum.
10) As deceased Sharda Prasad Upadhyay was 39 years of age on the date of the accident, the appropriate multiplier in the case would be 15 in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, wherein multiplier of 15 has been prescribed for the age group between 36-40 years.
11) By multiplying the annual dependency of Rs.50,400/- with the multiplier of 15 the compensation works out to Rs.7,56,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.7,71,000/- as compensation for the death of deceased Sharda Prasad Upadhyay in the motor accident.
12) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself.
13) Considering all the relevant aspects of the matter, including the delay in disposal of the claim petition, and the present appeal and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.2,03,360/- at Rs.21,640/-.
14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.5,67,640/- awarded by the Tribunal is enhanced to Rs.7,71,000/- with further quantified amount of interest of Rs.21,640/- on the enhanced amount of compensation of Rs.2,03,360/-.
15) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.2,25,000/- (Rs.2,03,360/- towards enhanced amount of compensation + Rs.21,640/- towards quantified amount of interest on the enhanced amount of compensation of Rs.2,03,360/-) before the concerning Claims Tribunal.
16) No order as to costs.
J U D G E