SUGNABAI Vs. EICHER MOTORS LTD

JUDGEMENT

(1.) This appeal is filed by the appellants under section 173 of the Motor Vehicles Act against an award dated 25.4.2007 passed by learned VIIIth Addl. Member M.A.C.T., Indore in Claim Case No. 65 of 2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 58,334 with interest at the rate of 9 per cent per annum for the death of their daughter arising out of the accident that occurred on 30.1.2006. Appellants had filed the claim petition under section 166 of the Motor Vehicles Act, seeking compensation for the death of their daughter Sarika. It is pleaded that their daughter Sarika was 20 years of age and was a brilliant student. She was doing diploma in Pharmacy from Malwa Institute of Technology, Indore. In first year she secured 782 marks out of 1100, i.e., 70 per cent. In Higher Secondary she secured 289 out of 450, 1st Division. In matriculation also she had secured 69 per cent. She was having a brilliant career but died due to the accident, leaving all the family members including appellants; however, a reasonable sum of compensation as prayed for may be allowed.

(2.) Learned counsel for the appellants placed reliance on the decision of Arvind Kumar Mishra v. New India Assurance Co. Ltd., 2010 ACJ 2867, wherein the victim was a student of engineering final year at Birla Institute of Technology, Mesra (B.I.T.), at the time of accident he was seriously injured as a result of truck bearing registration No. DEG 3291 being negligently driven on 23.6.1993. The Hon'ble Apex Court held that injured was a brilliant student of mechanical engineering final year in reputed college having passed all the semester examinations with distinction and assessed his future earnings at the rate of Rs. 5,000 per month, i.e., Rs. 60,000 per annum. Para 11 is relevant which reads as under:

(3.) Considering the fact that deceased was 2nd year student of Pharmacy, after completion of pharmacy she would get a good job and her income would be not less than Rs. 5,000 to Rs. 8,000 per month. In my opinion, it is fair and reasonable to assess her income at the rate of Rs. 4,000 per month which is just and reasonable. At the time of death deceased was unmarried and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally. 50 per cent is deducted as personal and living expenses, because it is assumed that an unmarried would tend to spend more on herself. Even otherwise, there is also the possibility of her getting married in a short time, in which event the contribution to the parent and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant. Thus, even if the deceased is survived by parents and siblings, only the mother would be considered to be a dependant, and 50 per cent would be treated as the personal and living expenses of the bachelor and 50 per cent as the contribution to the family. After deducting 50 per cent amount out of total income, the annual dependency comes to Rs. 24,000 (Rs. 4,000 x 12 = Rs. 48,000/2 = Rs. 24,000). At the time of death the mother of deceased was 45 years of age. In view of the law laid down by the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298, the multiplier of 14 would be applicable. On applying the multiplier of 14 the amount of compensation comes to Rs. 3,36,000. The Tribunal has awarded Rs. 5,000 on other conventional heads. On other conventional heads I grant Rs. 44,000 under the head of loss to estate and funeral expenses, etc. Thus the total compensation comes to Rs. 3,80,000. After deducting the compensation amount of Rs. 58,334 already awarded by Claims Tribunal, the enhanced amount comes to Rs. 3,21,666 (Rs. 3,80,000 - Rs. 58,334 = Rs. 3.21,666).