KHEMESHWAR PANIGRAHI Vs. PRADEEP KUMAR KASHYAP

JUDGEMENT

(1.) Claimants are the Appellants. Grievance is against the inadequate compensation awarded by the Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short, 'the Tribunal') in respect of the loss of life of the deceased in a road traffic accident, who was the wife of the Appellant No.1 and mother of the Appellants No.2 and 3.

(2.) On the ill-fated day i.e., on 23.07.2011, the deceased Smt. Leelavati Panigrahi was proceeding as a pillion rider on the two wheeler bearing registration No.C.G.-17-K.B./2376, ridden by her husband (1st Appellant). When they reached the place of occurrence, the offending Truck bearing No. C.G.-17-H/1570, driven by the 1st Respondent, owned by the 2nd Respondent and insured by the 3rd Respondent, knocked them down, causing fatal injuries to the pillion rider, who succumbed to the same. This was sought to be compensated by filing a claim petition before the Tribunal.

(3.) It was contended that the accident was solely because of the negligence on the part of the 1st Respondent / driver of the offending Truck; that the deceased was permanently employed as a 'Shiksha Karmi Grade-III' with a monthly salary of Rs.7,961/- and it was accordingly, that the compensation was claimed under different heads. The Tribunal, in view of the law declared by the Apex Court in Sarla Verma Vs. Delhi Transportation Corporation, 2009 6 SCC 121, to the extent as affirmed by the subsequent Constitution Bench of the Apex Court in National Insurance Company Limited vs Pranay Sethi and Others, 2017 16 SCC 680, held that since the deceased was having a permanent employment and was of less than 40 years, future prospects had to be added to an extent of 50% of the monthly salary for working out the compensation. Based on the age of the deceased as 37 years, appropriate multiplier was fixed as '15'. After deducting 1/3rd towards the personal expenses, the balance 2/3rd was reckoned as monthly contribution to the family. It was accordingly, that the loss of life was compensated to an extent of Rs.7,16,242/-. Awarding a sum of Rs.20,000/- towards the love and affection and Rs.10,000/- towards loss of consortium, besides Rs.5,000/- towards the funeral expenses, the total compensation was fixed as Rs.7,51,242/- (rounded to Rs.7,51,000/-), which was directed to be satisfied with interest @ 6% per annum from the date of the filing of the claim petition till its satisfaction. Since existence of valid insurance policy was admitted, the liability was shifted to the shoulders of the 3rd Respondent /Insurer; quantum of which is sought to be enhanced in this appeal preferred by the Claimants.