Case Note & Summary
The appellants, original claimants in Motor Accident Claim Petition No.26 of 2011, filed an appeal against the judgment and award dated 23.10.2012 passed by the Motor Accident Claims Tribunal at Nandurbar. The claim petition was filed on account of the death of Shaikh Javid @ Javed Patve in a vehicular accident on 23.06.2011 involving a dumper bearing registration No.MH39/E992 owned by respondent no.2 and insured with respondent no.3. The claimants alleged that the accident occurred due to the sole negligence of the dumper driver. The Tribunal awarded compensation of Rs.3,84,000/- with interest at 6% per annum, holding contributory negligence of the deceased. The claimants sought enhancement. The High Court found that the Tribunal erred in assessing the deceased's income at Rs.3,000 per month ignoring the salary certificate of Rs.6,000 per month. The Court also held that the multiplier of 13 applied by the Tribunal was incorrect and should be 17 as per Sarla Verma. Further, 50% addition towards future prospects was warranted as per Pranay Sethi. The finding of contributory negligence was set aside as there was no evidence against the deceased. The compensation was recalculated: income Rs.6,000 + 50% future prospects = Rs.9,000, minus 1/5th towards personal expenses = Rs.7,200 per month, annual Rs.86,400, multiplied by 17 = Rs.14,68,800. Adding Rs.70,000 under conventional heads, total compensation was enhanced to Rs.15,38,800 with interest at 6% per annum from the date of petition till realization.
Headnote
A) Motor Accident Claims - Compensation - Income Assessment - Deceased was 30 years old earning Rs.6,000 per month as per salary certificate - Tribunal erred in taking notional income of Rs.3,000 per month - Held that salary certificate is reliable and income should be taken as Rs.6,000 per month (Paras 7-9). B) Motor Accident Claims - Multiplier - Deceased aged 30 years - Tribunal applied multiplier of 13 - As per Sarla Verma case, multiplier for age 30 is 17 - Held that multiplier of 17 should be applied (Para 10). C) Motor Accident Claims - Future Prospects - Deceased was 30 years old with permanent job - Tribunal did not grant future prospects - Held that 50% addition towards future prospects is warranted as per Pranay Sethi case (Para 11). D) Motor Accident Claims - Negligence - Tribunal held contributory negligence of deceased - No evidence of negligence on part of deceased - Held that accident occurred solely due to negligence of dumper driver (Paras 12-13).
Issue of Consideration
Whether the Tribunal erred in assessing the income of the deceased and in applying the multiplier, and whether the claimants are entitled to enhanced compensation.
Final Decision
Appeal allowed. The judgment and award of the Tribunal is modified. The claimants are entitled to total compensation of Rs.15,38,800/- with interest at 6% per annum from the date of petition till realization. The Insurance Company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation Assessment
- Income Proof
- Multiplier
- Future Prospects
- Negligence
- Contributory Negligence
