Satpal Singh & ANR v. Sukhbir Singh & ORS
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Instant appeal has been filed under the Motor Vehicles Act, 1988 by the legal representatives of Mohit - deceased. The appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short "the Tribunal"), Faridabad vide award dated 11.05.2015.
2.
Facts leading to the filing of the appeal are that on 01.11.2013, Mohit, along with his friend Deepak, was traveling on a motorcycle and his elder brother, Sonu, was following them on his own bike. A dumper bearing registration No.HR-38S-0227, which was driven by respondent No.1 in a rash and negligent manner, struck their motorcycle and ran over Mohit, who died on the spot. An FIR bearing No.563 dated 01.11.2013 was registered for offences under Sections
279, 304-A IPC at Police Station Saran, Faridabad. The appellants, who are the parents of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the accidental death of Mohit, which has been accepted vide award dated 11.05.2015. Appellants have been granted compensation of Rs.4,50,000/-, in equal share and respondents were jointly and severally held liable to pay the same, along with interest @ 7.5% per annum from the date of filing of the claim petition.
3.
I have heard counsel for the parties and have considered their respective submissions.
4.
On the basis of the evidence adduced, the Tribunal has come to the conclusion that the accident took place on account of rash and negligent driving by respondent No.1 and that Mohit died in the vehicular accident. Tribunal found that the offending vehicle was fully insured under insurance cover note Ex.R2.
5.
Compensation was assessed by assuming the notional income of the deceased, who was a bachelor and was 17 years of age, as Rs.15,000/- per annum in view of judgment of Hon'ble Delhi High Court in Suresh Chander and anr Versus Ram Pal Yadav and others, 2013 ACJ 1565. The Tribunal applied a multiplier of 15 and assessed the pecuniary compensation amount at Rs.2,25,500/-. The Tribunal also granted Rs.1,00,000 for pain and suffering to the claimants on account of loss of their child, Rs.1,00,000/- for future prospects, and Rs.25,000/- towards funeral expenses.
6.
The amount of compensation awarded by the Tribunal deserves to be enhanced as the Tribunal has
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Supreme Court has laid down the multiplier table. A multiplier of 15 has to be applied when the age group of the deceased is between !0 to "0 years $
Claimants are also entitled to 40% increase for the future prospects as has been held by the Supreme Court in
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% besides amount of Rs.44,000/- as consortium to each of the dependents and Rs.18,000/- each towards loss of estate and funeral expenses. By including these amounts, the compensation payable to the appellants works out as under:- Sr. No.
Heads Compensation Awards Monthly Income # 6
* Rs.0-1!/- Deduction towards personal expenditure 1/2nd Rs.2671 (Rs.5341/- X 1/2nd) Future prospects Rs.1068/- (40% of Rs.2671/-) Total Monthly Income Rs.-7-8/- (Rs.2671/- add Rs.1068/-) Multiplier !5 Annual dependency Rs.5479"1/- (Rs.-7-8/- X 12 X !5) Loss of Estate Rs.18,000/- Funeral expenses Rs.18,000/- Loss of consortium Rs.96,000/-#15444:"* Total compensation Rs.8-89"1/- Less: Award by MACT Rs.104444/- Enhancement Rs.1589"1/-
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7.
Accordingly, the appellants are held to an additional compensation of Rs.4,89,624/-, which shall be payable to the appellants with interest at the rate of 6% per annum from the date of the filing of the claim petition.
8.
Appeal is disposed off.
9.
As the main appeal has been decided, pending application(s), if any, is/are disposed off.
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