Case Note & Summary
The present appeal was filed by the claimants, being the widow and children of the deceased Kiranbhai Vadilal Patel, against the judgment and award dated 31.12.2013 passed by the Motor Accident Claims Tribunal (Aux), Dahod in Motor Accident Claim Petition No.193 of 2006. The Tribunal had partly allowed the claim petition and awarded a sum of Rs.4,25,000/- as compensation along with interest at 7.5% per annum from the date of filing of the claim petition till its realization. The facts of the case are that on 11.11.2005, the deceased Kiranbhai Vadilal Patel was going from Zalod to Godhra Highway on foot along the side of the road. At about 7:30 hours, the opponent No.1-Rambhagat Kedarsing Chaudhari came driving a Tanker bearing registration No.RJ-09-G-2407 in a rash and negligent manner at very excessive speed and dashed with the deceased from behind. As a result, the deceased sustained grievous injuries and succumbed to the injuries. The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Insurance Company appeared and filed a written statement denying the claim. The Tribunal framed issues and after considering evidence, held that the accident occurred due to the rash and negligent driving of the driver of the tanker. The Tribunal assessed the notional income of the deceased at Rs.3,000 per month, applied multiplier of 16, deducted 1/3rd towards personal expenses, and awarded Rs.5,000 for loss of consortium, Rs.2,000 for funeral expenses, and Rs.2,000 for loss of estate, totaling Rs.4,25,000. The claimants appealed seeking enhancement. The High Court considered the submissions and held that the income of the deceased should be assessed at Rs.4,500 per month considering the minimum wages and inflation. The Court applied multiplier of 17 as per Sarla Verma v. DTC, granted 40% addition towards future prospects as per Pranay Sethi, deducted 1/4th towards personal expenses, and enhanced conventional heads to Rs.40,000 for loss of consortium, Rs.15,000 for funeral expenses, and Rs.15,000 for loss of estate. The total compensation was recalculated as Rs.8,56,800, and the appeal was partly allowed with enhanced compensation and interest at 7.5% per annum.
Headnote
A) Motor Accident Claims - Compensation for Death - Negligence - Deceased pedestrian hit by tanker from behind - Tribunal held driver negligent - No contributory negligence - High Court affirmed finding of negligence (Paras 2-3). B) Motor Accident Claims - Assessment of Income - Deceased was 35 years old, vegetable vendor - Tribunal assessed notional income at Rs.3,000 per month - High Court enhanced to Rs.4,500 per month considering minimum wages and inflation (Paras 4-5). C) Motor Accident Claims - Multiplier - Deceased aged 35 - Tribunal applied multiplier of 16 - High Court applied multiplier of 17 as per Sarla Verma v. DTC (Paras 6-7). D) Motor Accident Claims - Future Prospects - Deceased was self-employed - High Court granted 40% addition towards future prospects as per Pranay Sethi (Para 8). E) Motor Accident Claims - Deduction for Personal Expenses - Deceased was married with 3 dependents - Tribunal deducted 1/3rd - High Court deducted 1/4th as per Sarla Verma (Para 9). F) Motor Accident Claims - Conventional Heads - Tribunal awarded Rs.5,000 for loss of consortium, Rs.2,000 for funeral expenses - High Court enhanced to Rs.40,000 for loss of consortium, Rs.15,000 for funeral expenses, and Rs.15,000 for loss of estate as per Pranay Sethi (Paras 10-11). G) Motor Accident Claims - Interest - Tribunal awarded 7.5% per annum - High Court maintained rate but directed interest from date of claim petition till realization (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 partly allowed. The impugned judgment and award is modified. The claimants are entitled to total compensation of Rs.8,56,800 with interest at 7.5% 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
- Compensation for death
- Negligence
- Contributory negligence
- Multiplier
- Future prospects
- Deduction for personal expenses
