Uttrakhand Transport Corporation v. Anandi Devi & Ors.

1. The appellant has challenged the award dated 24th April, 2019 whereby compensation of Rs.36,04,000/- has been awarded to the respondents.

2. The accident dated 09th June, 2013 resulted in the death of Bhagat Singh Rawat. The deceased was aged 38 years at the time of accident and was working as an Assistant Team Leader with Bharti Walmart Pvt. Ltd. The deceased was survived by his widow, three daughters and mother who claimed compensation.

3. The Claims Tribunal took the income of the deceased as Rs.18,062/per month, added 40% future prospects, deducted 1/4th towards personal expenses and applied the multiplier of 15 to compute the loss of dependency 2021:DHC:1535 as Rs.34,13,700/-. The Claims Tribunal awarded Rs.1,20,000/- towards loss of love and affection, Rs.40,000/- towards loss of consortium, Rs. 15,000/towards loss of estate and Rs.15,000/- towards funeral expenses. The total compensation awarded is Rs.36,04,000/- (Rs. 36,03,700/-rounded of).

4. Learned senior counsel for the appellant urged at the time of hearing that the deceased was contributory negligent and, therefore, the compensation awarded to the respondents is liable to be reduced on account of the contributory negligence. It is further submitted that the deceased was travelling in bus No.UA 07M 7791. When the bus reached Meerut by-pass, the deceased took his head out of the window seat whereupon his head hit against a tractor trolley which resulted in fatal injuries. Reference is made to the FIR which records that the head of the deceased severed on account of accident which resulted in the death. Reference is also made to the letter dated 21st June, 2013 in which the widow of the deceased admitted that the head of the deceased was severed by some unknown vehicle which resulted in his death.

5. Learned counsel for the respondents/claimants submits that the deceased was not contributory negligent. Without prejudice, it is submitted that the Claims Tribunal has taken future prospects of the deceased as 40% whereas the claimants are entitled to future prospects of 50% of the income of the deceased for computation of the compensation.

6. This Court is of the view that the deceased was contributory negligent and, therefore, the compensation amount is liable to be reduced on account of the contributory negligence of the deceased. With respect to the future prospects, Claims Tribunal ought to have awarded future prospects as 50% of the income of the deceased. By reducing the compensation amount awarded to the respondents on account of the contributory negligence and by taking into consideration the future prospects @ 50% and the other relevant facts and circumstances of this case, this Court is of the view that the compensation of Rs.40,00,000/- including the interest would serve the ends of justice.

7. Learned senior counsel for the appellant submits that the appellant has already deposited Rs.36,00,000/- with the Registrar General of this Court and the balance Rs.4,00,000/- shall be deposited with the Registrar General of this Court within four weeks.

8. Mr. D.K. Sharma, learned counsel for the respondents submits on instructions from the respondents that the respondents agree to the computation of compensation of Rs.40,00,000/- including interest by this Court in terms of this judgment.

9. The appeal is partially allowed and the compensation awarded by the Claims Tribunal is reduced to Rs.40,00,000/- including interest.

10. The appellant had already deposited Rs.36,00,000/- with the Registrar General of this Court, out of which Rs.10,00,000/- was disbursed on 18th September, 2020 and Rs.10,00,000/- was disbursed on 22nd October, 2020.

11. The respondents have filed the passbooks of their savings bank accounts with the relevant endorsement. The particulars of savings bank accounts of respondents No. 1 to 5 are as under:

(i) Anandi Devi (Respondent No. 1)

(ii) Namita Rawat (Respondent No.2)

(iii) Ranjeeta Rawat (Respondent No.3)

(iv) Sandhya Rawat (Respondent No.4)