Asha Pathak & Ors. v. Mohan Lal Gupta) by which compensation of Rs & Ors.

Case :- FIRST APPEAL FROM ORDER No. - 370 of 2005 Appellant :- Asha Pathak Respondent :- Mohan Lal Gupta And Others Counsel for Appellant :- O.P. Pandey Counsel for Respondent :- Kamlesh Kumar Mishra Hon'ble Vipin Chandra Dixit,J. Heard Sri Ramesh Chandra Pathak, learned counsel for the appellant and Sri Abhinav Shukla, learned counsel appearing on behalf of respondent no. 3 and perused the record. No one is present on behalf of respondent nos. 1 and 2. This first appeal from order has been filed under Section 173 of the Motor Vehicle Act, 1988 by claimants-appellants for enhancement of compensation against the judgment and award dated 02.11.2004 passed by Additional District Judge, Court No. 1/Motor Accident Claims Tribunal, Siddharth Nagar, in M.A.C.P. No. 53 of 2002 (Asha Pathak and others vs. Mohan Lal Gupta and others) by which compensation of Rs. 1,89,500/- has been awarded on account of death of Pushkar Pathak aged about 28 years, who died in a road accident occurred on 10.02.2002. It is submitted by learned counsel for the claimants-appellants that the compensation awarded by the claims tribunal is too meager. The claimants had fully proved the engagement of deceased as fitter in Sugar Mill and salary of Rs. 5,270/- per month. The claimants had also produced the salary certificate issued by Shri Mahalaxmi Sugar Ltd. Jawabhari Kapilvastu, Nepal disclosing the monthly salary of the deceased as Rs. 5,270/- per month. The claims tribunal has erred in disbelieving the income of the deceased and calculated the compensation accepting the notional income of Rs. 15,000/- per annum. The claims tribunal has also erred in deducting 1/3rd towards personal expenses of the deceased, whereas, there was four dependents on the income of the deceased and in view of law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma vs. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.) the deduction would be 1/4th. Lastly, it is submitted that nothing has been awarded towards future prospects and only Rs. 9,500/- has been awarded for non pecuniary damages, whereas, the claimants-appellants are entitled for 40% future prospects and Rs. 70,000/- for non pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673. No other grounds has been pressed by learned counsel for the claimants-appellants. On the other hand, learned counsel appearing on behalf of Insurance Company submits that the claimants had failed to prove the income of the deceased by producing cogent evidence and the income assessed by the claims tribunal is just and proper. He further submits that the age of the deceased was 28 years at the time of accident and claims tribunal has erred in applying multiplier of 18, whereas the Hon'ble Apex Court in the case of Sarla Verma (Supra) has provided multiplier of 17 for the age group of 26 to 30 years. Learned counsel for the Insurance Company has not disputed that there are four dependents of the deceased and deduction towards personal expenses would be 1/4th and claimants/appellants are entitled for 40% future prospects and Rs. 70,000/- for non pecuniary damages. Considered the submissions of learned counsel for the parties and perused the record. The claims tribunal while deciding issue no. 4 has recorded the finding that the salary certificate filed and relied by the claimants was not proved by Employer or Accountant of Shri Mahalaxmi Sugar Ltd. Jawabhari Kapilvastu, Nepal. The claims tribunal in absence of any authentic evidence adduced by the claimants in respect of income of the deceased has rightly disbelieved the salary certificate filed and relied by the claimants. The accident was occurred in the year 2002 and the claims tribunal has erred in accepting the notional income of Rs. 15,000/- per annum, whereas in the case of Laxmi Devi & Others vs Mohammad Tabbar & Another reported in 2008 (2) T.A.C. 394 (S.C.) has provided the notional income of Rs. 3,000/- per month for the accident of 2004. The income of the deceased is accepted as Rs. 3,000/- per month. The claims tribunal has also erred in deducting 1/3rd towards personal expenses of the deceased, whereas, there are four dependents on the income of the deceased and the deduction would be 1/4th as per law laid down by Hon'ble Apex Court in the case of Sarla Verma (supra). The claims tribunal has also erred in applying the multiplier of 18 in place of 17 as the age of the deceased was 28 years and as per law laid down by Hon'ble Apex Court in the case of Sarla Verma (supra) the correct multiplier would be 17. The claimants are also entitled for 40% future prospects and Rs. 70,000/- for non pecuniary damages as per law laid down by Hon'ble Apex Court in the case of Pranai Sethi (supra). In view of above, the present first appeal from order is partly allowed and the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :-

1. Monthly Income : Rs. 3,000/-

2. Annual Income : Rs. 3,000//- x 12 = Rs. 36,000/-

3. Future prospects : (40%) = Rs. 14,400/-

4. Total annual income : Rs. 36,000/- + Rs. 14,400/- = Rs. 50,400/-

5. Deduction towards personal expenses (1/4th) : Rs. 50,400/- - Rs. 12,600/- = Rs. 37,800/-

6. Multiplier applicable (17) : Rs. 37,800/- x 17 = Rs. 6,42,600/-

7. Non-pecuniary damages : Rs. 70,000/- Total : Rs. 6,42,600/- + Rs. 70,000/- = Rs. 7,12,600/- Accordingly, the judgment and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs. 1,89,500/- to Rs. 712,600/-. The claimants-appellants are also entitled for interest at the rate of 6% on the enhanced amount from the date of judgment and award of claims tribunal i.e. 02.11.2004. The respondent Insurance Company namely United India Insurance Company Limited is directed to pay enhanced amount as well as interest to the claimants within two months from today. No order as to costs. Order Date :- 8.5.2025 sailesh SAILESH PRAJAPATI High Court of Judicature at Allahabad