SHYAMADEVI Vs. SOHAN KUMAR

JUDGEMENT

(1.) By this appeal under section 173 of Motor Vehicles Act, claimants-appellants seek enhancement of the compensation awarded to them by the First Motor Accidents Claims Tribunal, Mhow in Claim Case No. 10 of 2004, vide award dated 5.7.2004. The claimants had claimed compensation of Rs. 12,50,000 on account of death of Thakurdas, husband of appellant No. 1 and father of the other appellants in a motor accident. It was averred that on 5.5.2002 at about 7.30 p.m. while deceased Thakurdas was going by his moped bearing registration No. MP 09-JB 9865 towards Mhowgaon, near Dhar Naka, the vehicle bearing registration No. MP 09-S 7937 collided with his Luna on account of rash and negligent driving of respondent No. 1, resulting in severe injuries to Thakurdas. When Thakurdas was being taken to the hospital, he succumbed to the injuries. Report of the incident was made and driver of the offending bus was prosecuted. It was averred that Thakurdas was employed in Infantry School, Mhow and was in receipt of a pay of Rs. 6,546 per month. On these averments a compensation of Rs. 12,50,000 was claimed. However, the Claims Tribunal awarded only a sum of Rs. 18,750 towards the pay for the balance tenure of the deceased, Rs. 50,000 on account of the death, Rs. 2,000 as funeral expenses, Rs. 5,000 towards loss of consortium and Rs. 3,000 as loss of love and affection in case of each child. Aggrieved, appellants have filed the present appeal.

(2.) Before us, the parties have confined their submissions only to the compensation part of the matter. Learned counsel has submitted that Tribunal has erred in taking into account the pension of the widow and not awarding proper compensation on that count. The Tribunal has awarded a sum of Rs. 18,750 for the balance period of service and a consolidate sum of Rs. 50,000 on account of the death. There is evidence to the effect that the deceased was in receipt of Rs. 6,546 as pay at the time of his death. If on this salary, a deduction of 1/3rd is made, for the amount spent on the deceased while he was alive, the annual dependency comes to Rs. 52,368. Considering the age of the deceased, a multiplier of 5 is appropriate. When sum of Rs. 52,368 is multiplied by 5, the amount of dependency comes to Rs. 2,61,840. Thus, in place of Rs. 18,750 and Rs. 50,000, to us it appears that the compensation of Rs. 2,61,840 should have been awarded. In addition, the appellants were entitled to Rs. 2,000 as funeral expenses, Rs. 5,000 as loss of consortium and Rs. 3,000 as loss of love and affection in case of each child, i.e., in all Rs. 9,000. Thus, to a total sum of Rs. 2,77,840 (rupees two lakh seventy-seven thousand eight hundred and forty).

(3.) In the result, this appeal partly succeeds. The enhanced amount shall carry interest at the rate of 6 per cent from the date of the application. There shall be no order as to the costs of this appeal. Appeal partly allowed.