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CIVILAPPEAL NO. 8179 OF 2022
[Arising out of Special Leave Petition (C) No. 30754 of 2019]
RAJWATI @ RAJJO & ORS. … APPELLANT(S)
[Arising out of Special Leave Petition (C) No. 30755 of 2019]
SEEMA & ORS. … APPELLANT(S)
JUDGMENT
Appeal No. 441/2019 and S.B. Misc. Appeal No. 561/2019) filed by
26.10.2018 passed by the Motor Accident Claim Tribunal/Additional District and Sessions Judge, Kaman, District Bharatpur (hereinafter referred to as
‘Learned Tribunal’) in Misc. Civil (M.A.C.) No. 18/2016 (13/2014) and Misc.
Civil (M.A.C.) No. 14/2014. Both these appeals arise out of the same accident.
Hence, they have been clubbed together and are being decided by this common judgment.
2. In both the matters, the High Court allowed the appeal of Respondent No.1 herein and modified the award passed by the Learned Tribunal, and reduced the compensation awarded to the Claimants/Appellants.
CIVILAPPEAL No. 8179 OF 2022
3. The Appellants are the heirs and dependents of Ghasita Ram (hereinafter referred to as ‘deceased’), who died on 29.10.2013 as a result of a motor accident. The deceased was working as a driver in PNC Infratech Ltd. On 29.10.2013, at around about 8:00 PM, the deceased (along with his co-worker Kanti Lal) was riding a motorcycle while returning home from work, when he was hit from behind by a truck being driven by Respondent No. 3 in a rash and negligent manner. The deceased and his co-worker were severely injured and died on the spot. The deceased has left behind five dependents who are the Appellants before this Court.
4. The Appellants filed a claim petition [being Misc. Civil (M.A.C.) NO. 18/2016 (13/2014)] under Section 166 of the Motor Vehicles Act, 1988 before the Learned Tribunal, seeking compensation amounting to Rs.91,46,000/- along with interest. Vide Judgment and Award dated 26.10.2018, the Learned Tribunal awarded a compensation of Rs.19,64,218.75/- along with interest @ 7% per annum from the date of filing of the claim petition till the realization of the decretal amount.
5. The Learned Tribunal held that the deceased died as a result of the injuries suffered in the accident caused due to rash and negligent driving of Respondent No. 3 herein. The deceased’s age at the time of the accident was 41 years, and the same was ascertained by the Learned Tribunal on the basis of his driving license (Exhibit-A[1]) which recorded his date of birth as 25.08.1972. Exhibit-19 (Salary Certificate) and Exhibit-20 (Pay Slip) were produced. On the basis of pay slip, the Learned Tribunal assessed the income of the deceased at Rs.11,225/- per month. To this, 25% was added towards future prospects bringing his monthly income to Rs.14,031.25/-. The Learned Tribunal added a multiplier of 15, thereby calculating the compensation to be Rs.25,25,635/- (Rs.14,031.25 x 12 x 15). After deducting 1/4th of the total income towards personal expenses (amounting to Rs.6,31,406.25/-), the Learned Tribunal arrived at a compensation of Rs.18,94,218.75/-. Further, the Learned Tribunal awarded Rs.40,000 towards loss of consortium, Rs.15,000/- towards loss of estate, and Rs.15,000/- towards funeral expenses.
6. Thus, the compensation awarded by the Learned Tribunal to the Appellants under various heads was as under:
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┌────────────────────────────────────────────────────────────────────────────────────┐ │ Sl. HEAD AMOUNT PAYABLE │ │ No. │ ├────────────────────────────────────────────────────────────────────────────────────┤ │ 1 Loss of dependency Rs.22,73,062.5/- │ │ 2 Loss of consortium Rs.1,76,000/- │ │ 3 Loss of estate Rs.20,000/- │ │ 4 Funeral expenses Rs.20,000/- │ │ TOTAL Rs. 24,89,062.5/- │ │ 33. In view of the facts and circumstances of the case, the rate of interest │ └────────────────────────────────────────────────────────────────────────────────────┘
34. As a result, the impugned judgments of the High Court dated 29.04.2019 in both the appeals are hereby set aside.
35. Accordingly, both the appeals stand allowed. ….......…………....……….,J. (KRISHNA MURARI) ….…..…....…................…,J. (S. RAVINDRA BHAT) NEW DELHI; 09TH DECEMBER, 2022 Sl. No.