Sneha Dutta (Smt) and Another Vs. Himachal Road Transport Corpn. and Another
EmailAppeal: Civil appeal No. 2068 of 1999
(Arising out of SLP (C) No. 19728 of 1998)
(Arising out of SLP (C) No. 19728 of 1998)
Petitioner: Sneha Dutta (Smt) and Another
Respondent: Himachal Road Transport Corpn. and Another
Apeal: Civil appeal No. 2068 of 1999
(Arising out of SLP (C) No. 19728 of 1998)
(Arising out of SLP (C) No. 19728 of 1998)
Judges: S.B. MAJUMUDAR & V.N. KHARE, JJ.
Date of Judgment: May 04, 1999
Head Note:
MOTOR VEHICLES
Motor Vehicle Act, 1988
Section 110-A – Compensation – Victim earning Rs. 4000/- P.M. – Rs. 2500/- available to heirs – Future availability of Rs. 3000/- – Multiplies of 12 applied. Held that in view thereof, the total compensation of Rs. 4 Lacs was available. Balance of Rs. 1. 25 lacs awarded, with consolidated interest of Rs. 50,000.(Para 3)
Motor Vehicle Act, 1988
Section 110-A – Compensation – Victim earning Rs. 4000/- P.M. – Rs. 2500/- available to heirs – Future availability of Rs. 3000/- – Multiplies of 12 applied. Held that in view thereof, the total compensation of Rs. 4 Lacs was available. Balance of Rs. 1. 25 lacs awarded, with consolidated interest of Rs. 50,000.(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties.
3. In our view, the appropriate award of compensation to the heirs of the deceased who died during a motor accident would work out at least up to Rs 4 lakhs in all instead of Rs. 2,75,000 as awarded by the High Court by reducing the figure of Rs. 5,60,000 as a awarded by the trial court. The reason is obvious. the appellants’ breadwinner who died because of the unfortunate accident, was drawing a monthly salary of Rs 4000 as held by the Tribunal. Even deducting an amount of Rs 1500, Rs 2500 would have been the economic benefit available to the heirs of the deceased and if the deceased had survived the rest of the earning career, he would have made available to his dependents at least Rs 5000 per month. Adding Rs 5000 to Rs 2500 the total would work out to Rs 7500, Reducing it to 1/2 over the years the average economic loss to the dependents would work out to Rs 3500 per month and even deducting Rs 500 therefrom as personal expenses of the deceased, Rs 3000 would have been available to the appellants per month and multiplying by 12 the annual economic benefit would work out at Rs 36,000 and considering the remaining earning years of the deceased had he survived the multiplier of 12 would yield at least Rs4 lakhs as total compensation, if not more. Consider-ing all these aspects of the matter, therefore, the appellants shall be entitled to an additional sum or Rs 1,25,000. Now re-mains the question of interest. As the application was filed as early as on 7.4.1992 and as this claim is being allowed at this belated stage, in our view, having considered all the facts and circumstances of the case and not as a precedent we deem it fit to award an additional amount of Rs 50,000 by way of interest. Thus in all Rs 1,75,000 additionally shall be awarded to the appellants. This additional amount available to the appellants would be deposited by Respondent 1 before the trial court within six weeks from today. The appellants shall be entitled to with-draw the said amount towards full and final satisfaction of their claim in the matter on due identification. Out of the awarded amount of Rs 1,75,000 keeping in view the apportionment of the compensation as directed by the High Court amongst the claimants, we direct that an additional amount of Rs 1,25,000 will be avail-able to the widow and the balance of Rs 50,000 to the aged par-ents of the deceased. Interest, if any, accruing on this amount will also be proportionately paid to the appellants. It is made clear that if Rs 1,75,000 which are additionally awarded to the appellants, are not deposited within the aforesaid stipulated period, then on expiry of that period, it will start earning interest at the rate of 12 per cent per annum till the actual deposit is made. The appeal is allowed accordingly. No costs.
1. Leave granted.
2. We have heard learned counsel for the parties.
3. In our view, the appropriate award of compensation to the heirs of the deceased who died during a motor accident would work out at least up to Rs 4 lakhs in all instead of Rs. 2,75,000 as awarded by the High Court by reducing the figure of Rs. 5,60,000 as a awarded by the trial court. The reason is obvious. the appellants’ breadwinner who died because of the unfortunate accident, was drawing a monthly salary of Rs 4000 as held by the Tribunal. Even deducting an amount of Rs 1500, Rs 2500 would have been the economic benefit available to the heirs of the deceased and if the deceased had survived the rest of the earning career, he would have made available to his dependents at least Rs 5000 per month. Adding Rs 5000 to Rs 2500 the total would work out to Rs 7500, Reducing it to 1/2 over the years the average economic loss to the dependents would work out to Rs 3500 per month and even deducting Rs 500 therefrom as personal expenses of the deceased, Rs 3000 would have been available to the appellants per month and multiplying by 12 the annual economic benefit would work out at Rs 36,000 and considering the remaining earning years of the deceased had he survived the multiplier of 12 would yield at least Rs4 lakhs as total compensation, if not more. Consider-ing all these aspects of the matter, therefore, the appellants shall be entitled to an additional sum or Rs 1,25,000. Now re-mains the question of interest. As the application was filed as early as on 7.4.1992 and as this claim is being allowed at this belated stage, in our view, having considered all the facts and circumstances of the case and not as a precedent we deem it fit to award an additional amount of Rs 50,000 by way of interest. Thus in all Rs 1,75,000 additionally shall be awarded to the appellants. This additional amount available to the appellants would be deposited by Respondent 1 before the trial court within six weeks from today. The appellants shall be entitled to with-draw the said amount towards full and final satisfaction of their claim in the matter on due identification. Out of the awarded amount of Rs 1,75,000 keeping in view the apportionment of the compensation as directed by the High Court amongst the claimants, we direct that an additional amount of Rs 1,25,000 will be avail-able to the widow and the balance of Rs 50,000 to the aged par-ents of the deceased. Interest, if any, accruing on this amount will also be proportionately paid to the appellants. It is made clear that if Rs 1,75,000 which are additionally awarded to the appellants, are not deposited within the aforesaid stipulated period, then on expiry of that period, it will start earning interest at the rate of 12 per cent per annum till the actual deposit is made. The appeal is allowed accordingly. No costs.
