Case Note & Summary
The appeal was filed by the heirs of the deceased Suryakantbhai Gordhanbhai Patel against the judgment and award dated 02.05.2012 passed by the Motor Accident Claims Tribunal (Main), Narmada at Rajpipla in M.A.C.P. No. 163 of 2011. The Tribunal had partly allowed the claim petition and awarded Rs.2,30,000/- with interest at 9% per annum. The accident occurred on 26.01.2011 when the deceased was travelling on a Honda Active motorcycle with his wife. The opponent No.1 drove his motorcycle rashly and negligently, dashing into the deceased's vehicle from behind, causing fatal injuries. The claimants sought enhancement of compensation. The High Court found that the Tribunal erred in assessing the income of the deceased at Rs.2,000/- per month, and instead assessed it at Rs.3,000/- per month based on minimum wages. The multiplier was corrected from 13 to 18 as per Sarla Verma. Future prospects of 40% were added as per Pranay Sethi. After deducting 1/3rd for personal expenses and adding conventional heads, the total compensation was computed at Rs.6,84,000/-. The High Court allowed the appeal and enhanced the compensation accordingly.
Headnote
A) Motor Accident Claims - Compensation - Negligence - The Tribunal held that the accident occurred due to the rash and negligent driving of the opponent No.1, and the claimants were entitled to compensation. The High Court upheld the finding on negligence. (Paras 1-5) B) Motor Accident Claims - Income Assessment - The Tribunal assessed the income of the deceased at Rs.2,000/- per month, but the High Court, considering the evidence of the deceased being a farmer and the minimum wage, assessed the income at Rs.3,000/- per month. (Paras 6-8) C) Motor Accident Claims - Multiplier - The Tribunal applied multiplier of 13, but the High Court, following the decision in Sarla Verma v. Delhi Transport Corporation, applied multiplier of 18 as the deceased was 25 years old. (Para 9) D) Motor Accident Claims - Future Prospects - The High Court held that the claimants are entitled to addition of 40% towards future prospects as per the decision in National Insurance Company Ltd. v. Pranay Sethi. (Para 10) E) Motor Accident Claims - Deduction for Personal Expenses - The High Court held that since the deceased was married, deduction of 1/3rd towards personal expenses is appropriate. (Para 11) F) Motor Accident Claims - Conventional Heads - The High Court awarded Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and Rs.40,000/- towards loss of consortium. (Para 12)
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the Tribunal erred in assessing the income of the deceased and applying the multiplier.
Final Decision
The appeal is allowed. The impugned judgment and award is modified. The claimants are entitled to total compensation of Rs.6,84,000/- with interest at 7.5% per annum from the date of filing of the claim petition till realization. The respondents are jointly and severally liable to pay the compensation.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Compensation
- Negligence
- Income Assessment
- Multiplier
- Future Prospects
- Contributory Negligence
