Uma Rani And ORS v. Suraj Bhan And ORS
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"% Claimants-appellants have preferred the present appeal being the wife and three sons of the deceased, Tota Ram (hereinafter referred to as the "Deceased"), who died in a road accident which took place on 21.02.2000, on account of rash and negligent driving by respondent No.1 while driving mini bus eicher bearing registration No.HR-37-3038. 2.
Being aggrieved by the impugned award dated 04.10.2000 passed by the Motor Accident Claims Tribunal, Jagadhari (hereinafter referred to as "Tribunal"), vide which the appellants-claimants were found entitled to total compensation of Rs.1,49,500/-. The appellants-claimants are seeking enhancement of compensation awarded by the Tribunal as the same is not according to their entitlement.
3.
Since the factum of the accident is not in dispute, the facts, as recorded in the impugned award passed by the Tribunal are not being adverted herein for sake of brevity.
4.
The Tribunal in the present case had awarded the following compensation :- Monthly Income Rs.40,500/- per annum Deduction 1/3rd Multiplier Funeral charges, loss of consortium Rs.9,500/- Expenses incurred on account of Rs.5,000/- treatment of the deceased Total Compensation awarded Rs.1,49,500/- 6 7'+ (% '
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6.
Learned Tribunal has assessed the income of the deceased to be Rs.40,500/- per annum as was pleaded by appellants-claimants which comes to Rs.3,375/- per month. There is no dispute about income taken by the learned Tribunal raised by appellants-claimants as claim regarding income was accepted. Admittedly, as per claim petition deceased was aged 60 years at the time of accident and is survived by his wife, three sons i.e claimantsappellants No.1 to 4. 7.
In the present case, learned Tribunal has erred in applying multiplier of '5' after making deduction of 1/3rd towards personal expenses. I find that learned Tribunal has failed to take into consideration future prospects while calculating loss of dependency. Claimants/appellants are entitled to future prospects to the extent of 10% in terms of judgment of Hon'ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 (16) SCC 680. Since the deceased is survived by four dependants deduction of 1/4th amount of income needs to be deducted towards personal expenses of deceased. Keeping in view age of the deceased as 60 years the multiplier of '9' would be applicable. Claimants-appellants shall also be entitled to compensation of Rs. 7,500/- each towards funeral expenses and loss of estate and Rs. 15,000/- to each of the claimantsappellants towards loss of spousal and parental consortium. 8.
Accordingly, the reworked compensation payable to appellants/claimants is as under :- Income Rs.40,500/- per annum Rs.40,500/- per annum Future Prospects 10% (40500+4050) Rs.44,550/- Deduction 1/4th (44550-11138) Rs.33,412/- Multiplier
Total loss of dependency Rs.33,412 x 9 Rs.3,00,708/- Loss of Estate Rs.7,500/- Funeral Expenses Rs.7,500/- Loss of Spousal Consortium to claimant No. 1 Rs.15,000/- Loss of Parental consortium to claimant nos. 2,3& 4 Rs.15,000/- x 3 Rs.45,000/- Total Compensation awarded in appeal Rs.3,75,708/- Total Compensation awarded by the Tribunal Rs.1,49,500/- Enhanced amount of compensation Rs.3,75,708/- (as awarded in appeal) - Rs.1,49,500/- (as awarded by the Tribunal) Rs.2,26,208/- 9.
Claimants-appellants shall also be entitled to interest @ 7.5% on the enhanced compensation from the date of filing of claim petition till realization. Apportionment and liability of respondents to pay compensation shall be as per the award.
10.
Present appeal is accordingly allowed in above terms. ,+2 $$% 0 80 <' +$+ '+2%8 $
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