Case Note & Summary
The appeal was filed by the claimants, who are the legal representatives of the deceased Shashikant Bharma Murashetti, seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Belgaum, in MVC No.2293/2008. The deceased died in a road traffic accident on 14.06.2008 while riding as a pillion on a motorcycle, which was hit by a truck bearing registration No.HR-55/B-9905. The Tribunal held that the accident occurred due to the actionable negligence of the truck driver and awarded total compensation of Rs. 5,27,500/- with interest at 6% per annum. The claimants, being the parents, wife, and minor children of the deceased, appealed under Section 173(1) of the Motor Vehicles Act, 1988, contending that the compensation was inadequate. The High Court examined the issues of multiplier, future prospects, and conventional heads. It found that the Tribunal had applied multiplier 17, whereas the deceased was aged 30 years, and as per Sarla Verma v. DTC, the correct multiplier was 13. The High Court also added 50% towards future prospects to the deceased's monthly income of Rs. 4,500/-, following Rajesh v. Rajbir Singh, and computed the monthly income at Rs. 6,750/-. After deducting 1/3rd towards personal expenses, the annual loss of dependency was calculated as Rs. 54,000/- (Rs. 4,500/- x 12). Applying multiplier 13, the loss of dependency was computed as Rs. 7,02,000/-. The High Court enhanced the compensation under conventional heads: loss of consortium to the wife from Rs. 10,000/- to Rs. 1,00,000/-, loss of estate from Rs. 5,000/- to Rs. 10,000/-, and funeral expenses from Rs. 5,000/- to Rs. 25,000/-. The total compensation was enhanced to Rs. 8,37,000/- with interest at 6% per annum from the date of petition till deposit. The appeal was allowed in part.
Headnote
A) Motor Accident Claims - Compensation for Death - Negligence - The claimants sought compensation for the death of Shashikant Bharma Murashetti in a road traffic accident involving a truck. The Tribunal held that the accident occurred due to the actionable negligence of the truck driver, which was not challenged. The High Court affirmed the finding on negligence. (Paras 2-4) B) Motor Accident Claims - Multiplier - Determination - The deceased was aged 30 years at the time of accident. The Tribunal applied multiplier 17, but the High Court corrected it to 13 as per the decision in Sarla Verma v. DTC, (2009) 6 SCC 121. (Paras 5-6) C) Motor Accident Claims - Future Prospects - Addition to Income - The deceased was a driver earning Rs. 4,500/- per month. The High Court added 50% towards future prospects as per the decision in Rajesh v. Rajbir Singh, (2013) 9 SCC 54, and computed the monthly income at Rs. 6,750/-. (Para 6) D) Motor Accident Claims - Loss of Consortium - The Tribunal awarded Rs. 10,000/- to the wife. The High Court enhanced it to Rs. 1,00,000/- as per the decision in Rajesh v. Rajbir Singh. (Para 7) E) Motor Accident Claims - Loss of Estate and Funeral Expenses - The Tribunal awarded Rs. 5,000/- each. The High Court enhanced loss of estate to Rs. 10,000/- and funeral expenses to Rs. 25,000/- as per the decision in Rajesh v. Rajbir Singh. (Para 7)
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper and whether the claimants are entitled to enhancement of compensation.
Final Decision
Appeal allowed in part. Compensation enhanced from Rs. 5,27,500/- to Rs. 8,37,000/- with interest at 6% per annum from the date of petition till deposit. The Insurance Company is directed to deposit the enhanced compensation within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for death
- Multiplier determination
- Negligence in road accident
- Future prospects
- Loss of consortium
