LAWS(MPH)-2019-2-191

KALLO Vs. BHUPENDRA CONSTRUCTION

Decided On February 27, 2019
KALLO Appellant
V/S
Bhupendra Construction Respondents

JUDGEMENT

(1.) This miscellaneous appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been filed against the award dated 15.09.2017 passed by the Motor Accident Claims Tribunal, Morena in Claim Case No.600037/2016 seeking enhancement of award, whereas respondent No. 3 has filed a cross objection for reducing the compensation awarded under the conventional heads of loss of estate, loss of consortium and funeral expenses.

(2.) The necessary facts for the disposal of the present appeal in short are that appellants No. 1 to 3 are the wife and minor children of the deceased Bablu Singh, whereas appellants No. 4 and 5 are the parents of Bablu Singh. In an accident caused by dumper bearing registration No.MP30-H-1625 on 25.01.2016, Bablu Singh alias Vishambhar Singh lost his life, accordingly, a claim petition under Section 166 of the Motor Vehicles Act, was preferred, which has been allowed by the Claims Tribunal by holding that the insurance company as well as the driver and owner are severally and jointly responsible to pay Rs.8,18,000/- with 6% interest till the amount is finally paid.

(3.) It is submitted by the counsel for the appellants that the Claims Tribunal has come to a conclusion that the claimants have failed to prove that the deceased was having any agricultural income or any income from sale of milk and no document has been filed to ascertain his income. It is further submitted that as the claimants have failed to prove the income of the deceased, therefore, the Claims Tribunal has assessed the notional income of the deceased by treating him to be a labour and has come to a conclusion that his monthly income was Rs.4,500/-. Further, the Claims Tribunal has assessed the age of the deceased as 25 years on the date of accident. It was further held that the deceased must be spending 1/3 of his income on his personal expenses. Therefore, the yearly loss of income was assessed at the rate of Rs.36,000/- and after applying the multiplier of 18, the total loss of income was assessed at Rs.6,48,000/-. The amount of Rs.1,00,000/- has been awarded by way of loss of consortium, whereas the amount of Rs.10,000/- has been awarded to each of the appellants No. 4 and 5. Similarly, an amount of Rs.10,000/- has been awarded to each of the appellants No. 2 and 3 for loss of love and affection. Apart from that, Rs.30,000/- has been awarded for funeral expenses and other pecuniary damages and thus an amount of Rs.1,50,000/- has been awarded under other heads. It is submitted that while assessing the notional income of the deceased, the Claims Tribunal should have taken into consideration the minimum wages prevailing on the date of accident.