Smt. Bindu Devi & Ors. v. Chandan Upadhyay & Ors.

1. The present appeal preferred by the claimants under section 173 of the Motor Vehicles Act (hereinafter the Act), seeks enhancement of the compensation awarded by the learned Motor Accidents Claim Tribunal (Tribunal) in Petition No. 30/2017 vide its award dated 08.12.2020. Vide the impugned award, the learned Tribunal has awarded a sum of Rs.12,25,000/- along with interest @9% per annum as compensation to the appellants.

2. Before dealing in the submissions of the parties, I may note the brief factual matrix.

3. On 01.04.2016 the deceased, namely Shri Munna Mahto, while crossing the road near I.M.T Manesar met with an accident with a Truck bearing Registration Number HR-55V-9150, being driven in a rash and negligent manner by the driver/respondent no.1. Consequently, Shri Munna Mahto succumbed to the grievous injuries sustained by him as a result of the said accident. An FIR was promptly registered and subsequently, the claimants preferred a claim petition before the learned Tribunal being Petition No. 30/2017 under Section 166 and 140 of the Act.

4. The learned Tribunal, after considering the evidence placed on record by the parties, came to the conclusion that the accident took place due to the rash and negligence of the driver of the offending Truck, i.e., respondent no.1. Resultantly, the learned Tribunal has awarded a sum of Rs.12,25,000/- as compensation, which amount includes a sum of Rs.11,48,000/- under the pecuniary head of ‘Loss of Financial Dependency’ and a sum of Rs. 44,000/- towards ‘Loss of Consortium’.

5. The heads under which compensation has been awarded by the learned Tribunal read as under- S.no Heads Amount

6. While awarding the sum of Rs.11,48,000/- towards ‘Loss of Financial Dependency’, the learned Tribunal has proceeded on the basis that the deceased Shri Munna Mahto was a resident of Bihar. Consequently, this amount has been calculated by taking into account the minimum wages of an unskilled workman as applicable in the State of Bihar on the date of the accident, i.e., 01.04.2016.

7. Being aggrieved, the claimants have preferred the present appeal seeking enhancement of compensation on two grounds, the first being that since the accident took place in the State of Haryana, it was evident that the deceased was a resident of Haryana, therefore, the ‘loss of Financial Dependency’ ought to have been calculated by taking into account the minimum wages of an unskilled workman applicable in the State of Haryana as against those applicable in the State of Bihar.

8. The second plea of the appellants is that the learned Tribunal also erred in granting only a sum of Rs. 44,000/-, in all, towards compensation under the head of ‘Loss of Consortium’ without appreciating the fact that in terms of the decision in Magma General Insurance Company Limited v Nanu Ram @ Chuhru Ram and ors (2018) 18 SCC 130, a sum of Rs. 44,000/- was required to be awarded in favour of each of the six family members of the deceased. It is, therefore, urged that a further sum of Rs. 2,20,000/-, along with interest, be awarded towards compensation under the head of ‘Loss of Consortium’.

9. The matter was being repeatedly adjourned at the request of learned counsel for the appellants to enable him to place on record documents in support of his plea that the deceased was a resident of Haryana and, therefore, minimum wages as applicable in the State of Haryana ought to have been taken as his income at the time of the accident.

10. Today, learned counsel for the appellants submits that the appellants are not in a position to file any document in support of this plea. In view of this submission made by the learned counsel for the appellants, this Court finds no reason to interfere with the finding of the learned Tribunal that the ‘Loss of Financial Dependency’ was required to be calculated as per the minimum wages applicable in the State of Bihar.

11. Now coming to the second plea of the appellants, wherein they have sought enhancement of compensation towards ‘Loss of Consortium’. Learned counsel for the appellants has, by placing reliance on the decision of the Apex Court in Magma General Insurance (supra), urged that a sum of Rs.44,000/- ought to be awarded in favour of each of the claimant as compensation towards the ‘Loss of Consortium’.

12. Learned counsel for the respondent is not in a position to dispute that this issue is squarely covered against the respondent by the decision of the Apex Court in Magma General Insurance (Supra), which decision has not only been reiterated by the Apex Court in United India Insurance Co. Ltd vs Satinder Kaur alias Satvinder Kaur and Ors., 2020 SCC Online 410 but, has also been consistently followed by this Court.

13. In the light of the aforesaid, the claim of the appellants for enhancement of compensation towards the ‘Loss of Consortium’ is liable to succeed. The appeal is, accordingly, allowed by modifying the impugned award insofar as it awards compensation of Rs.44,000/towards ‘Loss of Consortium’. The compensation towards this head will, therefore, stand enhanced from Rs. 44,000/- to Rs.2,64,000/- and correspondingly the total compensation will stand enhanced to Rs.14,45,000/- along with interest @ 9% p.a.

14. Since the appellants have already received the compensation of Rs.12,25,000/-, along with interest as per the impugned award, the respondent no.3 is directed to pay, within 8 weeks, the enhanced sum of Rs.2,20,000 /- directly to the appellants. The said amount towards enhanced compensation, in terms of this order, will be paid with interest @ 9% p.a. with effect from 09.01.2017.

15. The appeal stands allowed in the aforesaid terms.