Case Note & Summary
The appeal arises from a judgment and award dated 04.09.2019 passed by the Motor Accident Claims Tribunal (Aux), Bhuj-Kachchh, in MACP No.392/2009. The appellants, legal heirs of deceased Surendra Omprakash Varma, sought enhancement of compensation. The deceased died in a motor vehicle accident on 16.07.2009 when a spare wheel fell from a luxury bus driven rashly by respondent No.1, hitting the deceased while he was on his motorcycle. The Tribunal awarded Rs.8,94,000/-. The appellants challenged only the quantum, not liability. The main issues were the Tribunal's assessment of the deceased's income at Rs.4,000 per month despite income tax returns (Exh:50) showing income of Rs.13,000-16,000 per month, and the failure to award compensation for loss of consortium and inadequate conventional heads. The appellants argued that the income tax returns were reliable and should be considered. The Insurance Company opposed, stating only acknowledgment was produced and no witness examined. The High Court held that the Tribunal erred in ignoring the income tax returns, which are reliable evidence, and assessed the income at Rs.13,000 per month. Applying a multiplier of 18 and deducting 1/3rd for personal expenses, the loss of dependency was recalculated. The Court also awarded Rs.40,000 for loss of consortium to each of the three claimants, Rs.15,000 for loss of estate, and Rs.15,000 for funeral expenses. The total compensation was enhanced to Rs.20,10,000/- with interest at 7.5% per annum from the date of petition till realization. The appeal was allowed.
Headnote
A) Motor Accident Claims - Quantum of Compensation - Assessment of Income - Income Tax Returns - The Tribunal erred in assessing the deceased's income at Rs.4,000 per month ignoring income tax returns (Exh:50) showing income of Rs.13,000-16,000 per month - Held that income tax returns are reliable evidence and income should be assessed accordingly (Paras 4-6). B) Motor Accident Claims - Loss of Consortium - Conventional Heads - The Tribunal failed to award compensation for loss of consortium and granted inadequate amounts under other conventional heads - Held that claimants are entitled to compensation under loss of consortium and other heads as per settled law (Paras 4-6).
Issue of Consideration
Whether the Tribunal erred in assessing the income of the deceased at Rs.4,000 per month despite income tax returns showing higher income, and whether the compensation under conventional heads was inadequate.
Final Decision
Appeal allowed. Compensation enhanced from Rs.8,94,000/- to Rs.20,10,000/- with interest at 7.5% per annum from date of petition till realization. Appellants entitled to costs.
Law Points
- Assessment of income based on income tax returns
- Loss of consortium
- Conventional heads of compensation
- Motor Vehicles Act
- 1988 Section 173
