VIMLA BAI Vs. MUKESH VERMA

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 28th November, 2006 passed by VII Motor Accident Claims Tribunal, Indore in Claim Case No. 46/04. By impugned award, the Claims Tribunal has awarded a total sum of Rs. . 2,78,000/- with interest to the claimants for the death of one Smita Verma who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. Cross-objections have been filed by the respondent No. 2 wherein the quantum is under challenge. So the question that arises for consideration is whether any case for enhancement/ reduction in compensation awarded by the Tribunal on facts-evidence adduced is made out in the compensation awarded and if so to what extent ? It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that all these findings are recorded in favour of claimants by the Tribunal. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(2.) As observed supra, it is a death case. On 22nd July, 2003 one Smita Verma aged 21 years died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for her death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs. . 2,78,000/-, break-up of which is as under :- <FRM>JUDGEMENT_1242_ACJ_2013_1.html</FRM>

(3.) Learned Counsel for appellants submits that Smita was the only daughter of the appellants and was prosecuting the studies of MCA and she was in the third year. Her income was assessed by the learned Tribunal as Rs. . 6,000/- per month on the basis of tuitions which she was conducting. Appellants have adduced the evidence that in her batch there were 31 students including the deceased, out of which 29 completed their education and were placed in jobs and each of them was getting the package of Rs. . 3 Lacs per annum and above. It is submitted that in the facts and circumstances of the case keeping in view the future prospects the income of deceased ought to have been assessed as Rs. . 3 Lacs per year. For this contention, reliance is placed on a decision in the matter of Chandan Singh v. S.E.W. Construction Co. Ltd., 2003 ACJ 1382 wherein deceased was aged 27 years and was prosecuting MBA training and getting the stipened of Rs. . 6,000/- per month and completed training of 8 months and was to become Assistant Manager, Tribunal adopted the multiplier of 18 and awarded a sum of Rs. . 14,39,856/-. Reliance is also placed on a decision in the matter of Ramulamma v. Venkatesh Bus Union, 2011 ACJ 1702 wherein deceased was student of B.F. Computers (Final year) and classmates of deceased were earning handsome salary, a Division Bench of Andhra Pradesh High Court held that looking to the classmates of the deceased are earning handsome salary and prospects of deceased also getting job could not be doubted. It was further held that income earned by classmates with similar educational and technical qualifications would be relevant and it appears to be rational, just and reasonable to take their income as guiding factor since in all probabilities the deceased would have got similar job. Reliance is also placed on a decision in the 'matter of R.K. Malik v. Kiran Pal, 2009 3 TAC 1 wherein in a case of child death, the Hon. Apex Court held there is no yardstick to measure loss of future prospects of children. However, while considering such claims, child's performance in school, reputation of school etc. might be taken into consideration. Learned Counsel further placed reliance on a decision in the matter of Rajeshwar Saran v. Munna Khan, 2011 AAC 671 wherein deceased was aged 23 years-at the time of accident who was survived by her mother and unmarried sisters and deceased was qualified and was pursuing international professional course and simultaneously also earning Rs. . 20,000/- per month from part time work of dance and choreographer and the income of deceased was taken as Rs. . 12,000/- per month which was enhanced to Rs. . 30,000/- and the deduction towards her personal expenses was taken as 2/3rd deducted by Claims Tribunal, Delhi High Court awarded a sum of Rs. . 23,70,000/-. Further reliance is placed on a decision in the matter of Subodh Kumar v. Mohd. Arif, 2011 AAC 2445, wherein deceased was final year student of C.A. and was having offer letters from 2 companies with one of which he was working as an Article Trainee, extending an offer of salary of Rs. . 3,00,000/- per annum to him and the Tribunal assessed the income of the deceased Rs. . 12,000/- per month, Delhi High Court held that for the purpose of ascertaining the loss of dependency income is taken as Rs. . 3 Lacs per annum and, since, age of the mother of the deceased was between 46-47 years, multiplier of 13 was applied and compensation of Rs. . 13,65,000/- was awarded. Lastly reliance is placed on a decision in the matter of Oriental Insurance Company v. Dev Patodi, 2009 ACJ 2359, wherein deceased was aged 22 years and brilliant student and graduated at business Administration from University in Australia, father was aged 51 years and deceased was the only son of claimants and the deceased was doing part time work with World Bank while doing graduation and after graduation a U.S. based concern had offered him employment at annual remuneration of 41,600 dollars which he did not accept, Tribunal assessed the income @ Rs. . 8,000/- per month and dependency @ Rs. . 6,000/- per month and after applying the multiplier of 13, awarded a sum of Rs. . 9,36,000/- plus Rs. . 2,000 towards funeral expenses, appellate Court assessed dependency @ Rs. . 12,000/- per month and allowed a sum of Rs. . 18,72,000/- plus Rs. . 25,000 for funeral expenses and Rs. . 1,25,000 for medical expenses as the deceased survived for 7 days after the accident, the Hon'ble Apex Court assessed the income @ Rs. . 25,000/- per month and after deducting 1/3rd towards personal expenses applied the multiplier of 10 and remanded the matter to the Tribunal for drawing a fresh award.