Shanti Bai and Others Vs. Charan Singh and Others
EmailAppeal: Civil Appeal No. 1970 of 1998
( Arising out of SLP (C) No. 12752 of 1997 )
( Arising out of SLP (C) No. 12752 of 1997 )
Petitioner: Shanti Bai and Others
Respondent: Charan Singh and Others
Apeal: Civil Appeal No. 1970 of 1998
( Arising out of SLP (C) No. 12752 of 1997 )
( Arising out of SLP (C) No. 12752 of 1997 )
Judges: S.B.MAJMUDAR & A.P. MISRA , JJ.
Date of Judgment: Jul 04, 1998
Head Note:
MOTOR VEHICLES
Motor Vehicle Act, 1989
Section 173 – Enhancement of Compensation – Death of 18 years old – Economic prospects considered – Held that compensation of Rs. 40 ,000/- was too meager . Same increased to Rs. 1 ,50 ,000/- Balance of Rs. 1 ,10 ,000/- with interest at the rate of 12% P.A. from date of claim to be paid , but 50% of it to be deposited in fixed deposite for younger brothers . ( Paras 3 , 4 )
JUDGEMENT:
O R D E R
1 . Leave granted .
2 . We have heard learned counsel for the appellant as well as learned counsel for the Insurance Company who has remained pres-ent to oppose these proceedings . Other respondents are served . They have not chosen to contest these proceedings .
3 . An unfortunate accident took place where the appellant’s eldest son , aged about 18 years was run over by the offending truck insured by the respondent-Insurance Company on 17-4-1991 . In the claim petition a large amount was claimed by way of com-pensation amounting to Rs. 10 lakhs which prima facie appeared to be unreasonable . The Tribunal after recording evidence awarded Rs. 40 ,000 . The High Court dismissed the first appeal . In our view , as the victim was aged 18 years and belonged to a labour class and even his younger brother was doing labour work and getting Rs. 10 per day , it is obvious that the deceased , had he survived , would have earned a substantial amount per month for the benefit of the family as the appellants are his destitute mother and her minor children . In our view , total compensation of Rs. 40 ,000 is too meagre . Even taking a reasonable view of the amount which the deceased would have earned , had he survived , considering the future economic prospects of the deceased we deem it fit to increase the award to a lump sum amount of Rs. 1 ,50 ,000. Meaning thereby , the appellant will be entitled to an additional amount of Rs. 1 ,10 ,000 as Rs. 40 ,000 have already been awarded by the Tribunal . This additional amount of Rs. 1 ,10 ,000 shall be deposited by the respondent-Insurance Company with 12% interest from the date of the claim petition till actual deposit . The said deposit shall be made within eight weeks from the date of the receipt of the copy of this order by the Insurance Company at its end . Office of this Court shall forthwith send the said copy to the respondent-Insurance Company for due compliance .
4 . The additional deposited amount subject to investment as indicated hereinafter will be permitted by the Tribunal to be withdrawn by the appellants on due identification . As Appellants 2 and 3 are the younger brothers of the deceased , in our view , out of the amount of Rs. 1 ,10 ,000 with interest to be deposited by the respondent-Insurance Company 50% of the total deposited amount should be invested by the Tribunal in a fixed deposit of a nationalised bank for a period of five years in the name of Appellants 2 and 3 . In the meantime , accrued interest will be released for the benefit of Appellants 2 and 3 in favour of Appellant 1 , their mother . After five years , the invested amount with interest accrued , if any , shall be paid over to the claim-ants .
5 . Appeal is allowed to the aforesaid extent . No costs .
1 . Leave granted .
2 . We have heard learned counsel for the appellant as well as learned counsel for the Insurance Company who has remained pres-ent to oppose these proceedings . Other respondents are served . They have not chosen to contest these proceedings .
3 . An unfortunate accident took place where the appellant’s eldest son , aged about 18 years was run over by the offending truck insured by the respondent-Insurance Company on 17-4-1991 . In the claim petition a large amount was claimed by way of com-pensation amounting to Rs. 10 lakhs which prima facie appeared to be unreasonable . The Tribunal after recording evidence awarded Rs. 40 ,000 . The High Court dismissed the first appeal . In our view , as the victim was aged 18 years and belonged to a labour class and even his younger brother was doing labour work and getting Rs. 10 per day , it is obvious that the deceased , had he survived , would have earned a substantial amount per month for the benefit of the family as the appellants are his destitute mother and her minor children . In our view , total compensation of Rs. 40 ,000 is too meagre . Even taking a reasonable view of the amount which the deceased would have earned , had he survived , considering the future economic prospects of the deceased we deem it fit to increase the award to a lump sum amount of Rs. 1 ,50 ,000. Meaning thereby , the appellant will be entitled to an additional amount of Rs. 1 ,10 ,000 as Rs. 40 ,000 have already been awarded by the Tribunal . This additional amount of Rs. 1 ,10 ,000 shall be deposited by the respondent-Insurance Company with 12% interest from the date of the claim petition till actual deposit . The said deposit shall be made within eight weeks from the date of the receipt of the copy of this order by the Insurance Company at its end . Office of this Court shall forthwith send the said copy to the respondent-Insurance Company for due compliance .
4 . The additional deposited amount subject to investment as indicated hereinafter will be permitted by the Tribunal to be withdrawn by the appellants on due identification . As Appellants 2 and 3 are the younger brothers of the deceased , in our view , out of the amount of Rs. 1 ,10 ,000 with interest to be deposited by the respondent-Insurance Company 50% of the total deposited amount should be invested by the Tribunal in a fixed deposit of a nationalised bank for a period of five years in the name of Appellants 2 and 3 . In the meantime , accrued interest will be released for the benefit of Appellants 2 and 3 in favour of Appellant 1 , their mother . After five years , the invested amount with interest accrued , if any , shall be paid over to the claim-ants .
5 . Appeal is allowed to the aforesaid extent . No costs .
