Case Note & Summary
The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988, by the original claimants (appellants) being aggrieved by the judgment and award dated 08.10.2014 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in M.A.C.P. No.589 of 2010. The Tribunal had partly allowed the claim petition and awarded Rs.6,37,200/- with 9% interest per annum. The claimants sought enhancement of compensation. The deceased, Girvatbhai Mulabhai Patel, aged 21 years, was riding a motorcycle when a Tempo driven rashly and negligently by respondent no.1 hit him, causing fatal injuries. The claimants, being the widow, minor son, and mother of the deceased, filed the claim petition. The Tribunal assessed the income of the deceased at Rs.4,500 per month, applied multiplier of 18, deducted 1/2 towards personal expenses, and awarded compensation under various heads. The High Court, after hearing the parties, reassessed the income at Rs.7,500 per month based on the evidence of the claimants and the nature of work (centering contract). The High Court added 40% towards future prospects as per Pranay Sethi, applied multiplier of 18, deducted 1/2 towards personal expenses, and awarded Rs.15,000 for loss of estate, Rs.15,000 for funeral expenses, and Rs.40,000 for loss of consortium. The total compensation was recalculated at Rs.13,76,600/-. The High Court directed the Insurance Company to deposit the enhanced amount with 9% interest from the date of filing of the claim petition. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Negligence - Apportionment of Liability - The Tribunal had held that the driver of the Tempo was negligent, but the claimants challenged the finding. The High Court upheld the Tribunal's finding on negligence, noting that the driver of the Tempo was solely responsible for the accident. (Paras 4-6) B) Motor Accident Claims - Quantum of Compensation - Income Assessment - The Tribunal assessed the income of the deceased at Rs.4,500 per month, but the High Court, considering the evidence of the claimants and the nature of work (centering contract), assessed the income at Rs.7,500 per month. (Paras 7-9) C) Motor Accident Claims - Future Prospects - The High Court applied the principle of future prospects as per the decision in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, and added 40% towards future prospects, as the deceased was aged 21 years. (Para 10) D) Motor Accident Claims - Multiplier - The High Court applied the multiplier of 18 as per the age of the deceased (21 years) as per the decision in Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121. (Para 11) E) Motor Accident Claims - Deduction for Personal Expenses - The High Court deducted 1/2 towards personal expenses as the deceased was a bachelor. (Para 12) 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 to the widow, as per Pranay Sethi. (Para 13) G) Motor Accident Claims - Interest - The High Court maintained the rate of interest at 9% per annum from the date of filing of the claim petition till realization. (Para 14)
Issue of Consideration
Whether the Tribunal erred in assessing the income of the deceased and in awarding compensation on the lower side, and whether the finding on negligence was correct.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The original claimants are entitled to total compensation of Rs.13,76,600/- with 9% interest per annum from the date of filing of the claim petition till realization. The Insurance Company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Section 173
- Compensation
- Negligence
- Income Assessment
- Future Prospects
- Multiplier
- Deduction for Personal Expenses
