SATAR MOHAMMAD Vs. HUSNA BEGUM

JUDGEMENT

(1.) Learned Motor Accident Claims Tribunal-I, Sirmaur District at Nahan (in short 'Tribunal’) awarded a compensation of Rs.9,82,600.00 alongwith interest @ 9% per annum in favour of the claimants. In terms of the award, the amount of compensation was to be deposited at the first instance by the Insurer of the vehicle, who was given a right to recover the same from its owner. Aggrieved, the insured/owner of the vehicle as well as its driver have filed this joint appeal.

(2.) Facts:-

(3.) After considering the respective pleadings, evidence and contentions raised by the parties, the learned Tribunal held that the accident occurred on account of rash and negligent driving of the driver of Tata Ace Vehicle No.UK-07CA-0807. The age of Mustaq Ali at the time of accident was ascertained as 45 years. His income was assessed at Rs.6000.00 per month. Applying the law laid down by the Hon'ble Apex Court in National Insurance Company Limited versus Pranay Sethi and others, AIR 2017 SC 5157, 30% income was added for arriving at deemed income of the deceased keeping in view his age at the time of the accident. The deemed income of the deceased was thus determined as Rs.6000.00 plus 30% of Rs.6000.00= Rs.7800.00 per month. In accordance with the law laid down in Smt. Sarla Verma and another Vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, 1/4th income of the deceased was deducted towards his personal expenses. The total contribution by him towards his family was thus worked out at Rs.5850.00 per month, i.e. Rs.70,200.00 per annum. Since the deceased was aged 45 years, therefore, keeping in view the ratio of Smt. Sarla Verma's case, supra, the multiplier of 13 was applied and total loss of dependency was assessed at Rs.9,12,600.00, i.e. Rs.70,200.00 x 13. Besides this amount, in accordance with the ratio laid down in Pranay Sethi's case, the widow of the deceased was held entitled to a sum of Rs.40,000.00 on account of loss of consortium. The claimants were also held entitled for Rs.15,000.00 on account of loss of estate and a sum of Rs.15,000.00 on account of funeral expenses. The total payable compensation in all was assessed at Rs.9,82,600.00 alongwith interest @ 9% per annum from the date of filing of petition. The insurer of the vehicle was directed to pay the compensation amount in the first instance with a right to recover the same from the owner of the vehicle. It is in the aforesaid background that the owner of the vehicle has filed the instant appeal against the award dtd. 15/6/2019. The driver of the vehicle has also joined as an appellant in the appeal.