Madhya Pradesh High Court
Nanhoo Lal And Anr. vs Parvat Singh And Ors. on 25 July, 2000
Equivalent citations: 2001ACJ905, 2000 A I H C 4792, (2001) 1 TAC 379 (2001) 1 ACJ 905, (2001) 1 ACJ 905
JUDGMENT Bhawani Singh, C.J.
1. This appeal is directed against the award dated 28.11.94 of the III Additional Motor Accidents Claims Tribunal, Bhopal, passed in M.C.C. No. 19 of 1993.
2. Accident took place on 28.9.1992 at 6.30 p.m. when vehicle Tata truck bearing registration No. MP-04-8173 driven rashly and negligently by the driver hit deceased Ajab Singh who was going to poultry farm on cycle resulting in serious injuries to him. Deceased was shifted to hospital where he died on 30.9.1992. Case under Section 304A of the Indian Penal Code was registered against the driver of the truck.
3. Claimants submit that the deceased was 22 years old at the time of accident. He was employed in poultry farm. He was earning Rs. 800 per month. That apart, he was cultivating land on lease and was earning Rs. 800 per month out of it. Yearly income has been stated to be Rs. 19,200 and it is pointed out that the deceased was likely to earn more in future and they were dependent on him. Due to his death, they have been deprived of the help and deceased was likely to live till 80 years of age. For remaining life, claim for Rs. 7,90,400 was raised. Apart from this, Rs. 3,000 towards medical treatment, Rs. 25,000 for mental pain, Rs. 50,000 towards future increase in income and Rs. 5,000 for last rites were also claimed, totalling Rs. 8,73,400.
4. Defence taken by the respondents is that accident did not take place as alleged. It is denied that the vehicle was being driven rashly and negligently which hit the deceased and they submit that the case is false. Income of Rs. 19,200 per year earned by the deceased has been denied. It is further stated that the deceased was cycling negligently in the middle of the road resulting in the accident for which the respondents were not responsible and the driver of the truck did not possess a valid driving licence. Therefore, he committed breach of the policy conditions.
5. The Tribunal came to the conclusion that accident took place due to rash and negligent driving of the truck resulting in the accident involving the deceased, resulting in his death. Compensation of Rs. 68,000 has been awarded under various heads mentioned in the penultimate para of the award carrying interest at the rate of 12 per cent per annum from the date of application till the date of payment. The claimants who are parents of the deceased are not satisfied with the award, hence, this appeal for enhancement.
6. Mr. Ashok Lalwani, learned counsel for the appellants contended that award is grossly low. The Tribunal has not assessed just compensation in this case looking to the evidence available on file. It is also submitted that proper multiplier has not been used with the result that it has caused grave miscarriage of justice.
7. The matter is considered in the light of available evidence. In the claim, it is asserted that the deceased was 22 years old. He was earning Rs. 800 per month from poultry farm and Rs. 800 per month from the land taken on lease. Although there is variation in the evidence with respect to the income from the leased land, however, we accept that the deceased was earning Rs. 800 out of it as stated in the claim petition. This way, the annual income of the deceased was Rs. 19,200.
8. Question is what is suitable multiplier applicable in this case looking to the age of deceased and his parents. Parents are not old. Father is 52 years old while mother is 40 years old. Deceased was 22 years old at the relevant time. With this background, we are of the opinion that suitable multiplier in this case should be 17. After deducting 1/3rd towards personal expenditure of the deceased, the annual dependency would come to Rs. 12,800. The amount of compensation comes to Rs. 2,17,600 (12,800 x 17 = Rs. 2,17,600). The claimants shall also be entitled to Rs. 2,000 for funeral expenses, Rs. 3,000 for medical expenses and Rs. 10,000 for conventional amount for loss of expectancy of life, taking the total amount of compensation to Rs. 2,32,600 (Rupees two lakh thirty-two thousand six hundred). No other point arises for consideration.
9. Accordingly, the appeal is allowed. The award of Motor Accidents Claims Tribunal dated 28.11.1994 is modified and it is directed that the claimants be paid Rs. 2,32,600 towards compensation for the death of deceased Ajab Singh in the accident, with interest at the rate of 12 per cent per annum from the date of application till the date of payment. Parties to bear their own cost.