Case Note & Summary
The present appeal was filed by Western Coal Fields Ltd. (the appellant) under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 29.08.2018 passed by the Motor Accident Claims Tribunal, Chandrapur in M.A.C.P. No.85/2014. The Tribunal had awarded compensation of Rs.62,26,400/- to the respondents (claimants), who are the wife and children of the deceased Rajkumar Tiple, and also to the driver of the crane involved in the accident. The accident occurred on 17.08.2013 when the deceased was travelling on a scooter bearing registration No. MH-34-Q-6325. A crane bearing equipment Serial No.4812, owned by the appellant and driven by respondent No.4 (Sudhakar Kathale), was driven rashly and negligently and dashed against the scooter, causing the death of Rajkumar Tiple on the spot. An offence was registered at Durgapur Police Station under Sections 279, 337, 338, 304-A of the Indian Penal Code and Section 184 of the Motor Vehicles Act. The claimants filed a claim petition seeking compensation, which was opposed by the appellant by filing a written statement denying negligence and the income of the deceased. The Tribunal, after considering the evidence, held that the accident occurred due to the rash and negligent driving of the crane driver and assessed the income of the deceased at Rs.30,000/- per month based on the salary certificate and evidence of the employer. The Tribunal applied a multiplier of 13, deducted 1/4th towards personal expenses, added 15% towards future prospects, and awarded Rs.62,26,400/-. The appellant challenged the award on the grounds that the income was exaggerated and the multiplier was wrongly applied. The High Court, after hearing both sides, found no error in the Tribunal's findings. The High Court noted that the appellant failed to produce any evidence to contradict the salary certificate or the evidence of the employer. The multiplier of 13 was correctly applied as per the age of the deceased (50 years) following the Sarla Verma case. The deduction of 1/4th towards personal expenses was proper as the deceased had four dependents. The addition of 15% towards future prospects was also correct as per the Pranay Sethi case. The High Court dismissed the appeal and directed the appellant to deposit the entire amount within six weeks.
Headnote
A) Motor Accident Claims - Negligence - Rash and Negligent Driving - The accident occurred due to rash and negligent driving of a crane owned by the appellant, resulting in the death of a scooter rider. The Tribunal held the appellant liable, and the High Court affirmed the finding of negligence based on the evidence of the claimants and the criminal proceedings. (Paras 4-6) B) Motor Accident Claims - Compensation - Income Assessment - The Tribunal assessed the deceased's income at Rs.30,000/- per month based on the salary certificate and evidence of the employer. The High Court found no error in this assessment, as the appellant failed to produce any contrary evidence. (Paras 7-9) C) Motor Accident Claims - Compensation - Multiplier - The Tribunal applied a multiplier of 13 based on the age of the deceased (50 years) as per the Sarla Verma case. The High Court upheld the multiplier, noting that the deceased was aged 50 years and the multiplier of 13 was appropriate. (Para 10) D) Motor Accident Claims - Compensation - Deductions - The Tribunal deducted 1/4th towards personal expenses of the deceased, which was correct as the deceased had four dependents. The High Court affirmed this deduction. (Para 11) E) Motor Accident Claims - Compensation - Future Prospects - The Tribunal added 15% towards future prospects as per the Pranay Sethi case. The High Court upheld this addition, as the deceased was a permanent employee of the appellant. (Para 12) F) Motor Accident Claims - Appeal - Dismissal - The High Court dismissed the appeal, finding no perversity or error in the Tribunal's award. The appellant was directed to deposit the entire amount within six weeks. (Paras 13-14)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in awarding compensation of Rs.62,26,400/- to the claimants, particularly regarding the assessment of the deceased's income and the multiplier applied.
Final Decision
The High Court dismissed the appeal and upheld the award of the Motor Accident Claims Tribunal, Chandrapur. The appellant was directed to deposit the entire amount of compensation within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Negligence
- Compensation
- Multiplier
- Income Assessment
