NABEESA Vs. PRADEEPKUMAR

JUDGEMENT

(1.) A man aged 32 years sustained serious injuries in a motor accident on 03/09/96 and succumbed to the injuries on 08/09/96. His wife, minor children and parents applied for compensation claiming an amount of Rs.13,89,000/- limited to Rs.4,50,000/-. The Tribunal has awarded only an amount of Rs.2,30,500/- and directed the 3rd respondent insurance company to deposit the amount. In this appeal the only dispute is regarding the quantum of compensation awarded by the Tribunal.

(2.) The deceased was an estate supervisor. Ext. P12 certificate shows that he was earning Rs.2,400/- per month. As he was maintaining the family and Ext. A12 was not disputed, the Tribunal accepted Rs.2,400/- as monthly income. Considering the future prospects the monthly income was not refixed. But the Tribunal fixed the monthly contribution to the petitioners by the deceased as Rs.1,000/- per month. We are of the opinion that the Tribunal erred in doing so. Even if Rs.2,400/- is accepted as monthly income only 1/3rd has to be deducted for personal expenses. We fix the monthly contribution as Rs.1,600/- per month. The Tribunal fixed the multiplier at 14.

(3.) Learned counsel for the appellant points out that in Chinnamma George v. N. K. Raju, 2000 KHC 337 : 2000 (4) SCC 130 : 2000 (2) KLT 155 : AIR 2000 SC 1565 , the Supreme Court did not interfere, when 20 is taken as multiplier for a 36 years old victim. In the above case, the Supreme Court only found that in view of the absence of permission under S.149, the insurance company is not allowed to contest the case on merit and there is no decision on the fixation of multiplier. Apex Court in a three member Bench decision in Smt. Supe Dei and Others v. M/s. National Insurance Co. Ltd. and Another, JT 2002 (Suppl. 1) SC 451 held that except in exceptional circumstances, the Tribunal should take second schedule as guideline for calculating compensation in an application filed under S.166 also. [See also Abati Bezbaruah v. Deputy Director, Geological Survey of India, 2003 KHC 1269 : 2003 (3) SCC 148 : 2003 (3) KLT SN 17 : AIR 2003 SC 1817 : JT 2003 (5) SC 205 and APSRTC v. M. Pentaiah Chary, 2007 KHC 3962 : 2007 AIR SCW 5689 : JT 2007 (10) SC 491 : AIR 2007 SC 3141 ]. For a motor accident victim of 32 years, the multiplier under the second schedule is 17. Therefore, the compensation payable will be Rs.3,26,400/- (1,600 x 12 x 17). The Tribunal has awarded only Rs.1,68,000/-. The additional amount payable is Rs.1,58,400/-. It is contended that compensation awarded for loss of consortium for the young widow and for the loss of love and affection to the minor child etc. are very low. We are not enhancing the same in view of the total amount of compensation awarded. The additional amount of Rs.1,58,400/- should be deposited by the 3rd respondent Insurance Company with 7.5% interest from the date of the application till deposit over and above the compensation awarded by the Tribunal. On depositing the above amount, the consolidated amount of Rs.15,000/- each should be given to respondents 3 and 4, parents of the deceased. The 1st and 2nd appellants, the widow and daughter of the deceased are allowed to withdraw the balance amount in equal shares.