Partly allowed

Jamanai Devi and Ors. v. Adam Khan and Ors.

Rajasthan HC7 Feb 2013CMA/764/1999

Case brief

AI extract

What is this about?

The High Court Modified Appeals Tribunal award in motor accident case. Bench held Tribunal erred in applying multiplier of 10 for deceased aged 40. Enhanced compensation from Rs. 1.2L to Rs. 1.8L on loss of income under Sarla Verma principles and awarded 9% interest on excess.

What did the court decide?

Award enhanced to Rs. 1,80,000/- for loss of income and interest @ 9% p.a. on enhanced amount of Rs. 60,000/-.

Jamanai Devi and Ors. Vs Adam Khan and Ors. — Motor Accident Claims | Rajasthan HC (2013)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR

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: J U D G M E N T :

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S.B. CIVIL MISC. APPEAL NO.764/1999

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Jamanai Devi and Ors. Vs. Adam Khan and Ors.

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Date of Judgment :: 07.02.2013

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PRESENT

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. R.S. Chundawat, for the appellants. Mr. M.R. Singhvi, Sr. Advocate assisted by Mr. Mohit Singhvi, for the respondents No.3 to 6.

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BY THE COURT:

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The present appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the claimants seeking to question the award dated 29.5.1999 passed by the Judge, Motor Accident Claims Tribunal, Sojat ('the MACT') in MACT Case No.71/97, whereby the claimants were awarded a sum of Rs.1,45,000/- alongwith interest @ 12% p.a. from the date of filing the claim petition i.e. 2.6.1997.

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Brief facts of the case are that on 16.4.1997, one Daula Ram was driving a Jeep No.RJ-19-T-861 when the same met with an accident with a Truck No.RJ-22-G-346, whereby said Daula Ram received serious injuries and on account of the said injuries, he died. The appellants-claimants, who are wife,

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daughters and mother of the said deceased Daula Ram filed a claim petition before the MACT inter-alia with the averment that the deceased Daula Ram was aged 40 years and was involved in agricultural operations and Dairy Farming and was earning Rs.4,500/- per month. Based on the said averments claimants filed claim petition for a sum of Rs.15,65,000/- which included claim for loss of income at Rs.13,50,000/-, expenses on treatment of Rs.2,000/-, jeep rental Rs.500/-, funeral expenses Rs.1,000/-, expenses for last rites Rs.11,500/ and loss of love and affection at Rs. 2 lacs. After the evidence was led by the parties, the learned MACT came to the conclusion that the income of deceased Daula Ram was Rs.1,500/- per month and after deducting 1/3^rd for personal expenses, assessed loss of income at Rs.1,000/- per month and after adopting a multiplier of 10 arrived at a sum of Rs.1,20,000/- towards the loss of income (1000x12x10). A lump sum amount of Rs.25,000/- was awarded under all other heads.

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I have heard the learned counsel for the parties and perused the record.

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Learned counsel for the appellants confined his arguments to the multiplier adopted by the learned MACT. It was submitted that in the case of Sarla Verma Vs. Delhi Transport Corporation, reported at 2009(6) SCC 121, the Hon'ble Supreme Court has ruled that a multiplier of 15 be adopted in a case where the age of the deceased is between 36 to 40 years, therefore, the multiplier needs to be enhanced. The counsel for the respondent supported the judgment impugned.

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I have considered the rival submissions.

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The MACT has not given any reason in its award for adopting a multiplier of 10, despite the fact that the age of the deceased was taken at 40 years. The Hon'ble Supreme Court in the case of Sarla Verma (supra) has held that the multiplier should be used as mentioned in column 4 of the table indicated by the Court in para 40 of its judgment. The said table provides for adopting a multiplier of 15 in a case where the age of the deceased in between 36 to 40 years.

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In that view of the matter, the appeal filed by the appellants is partly allowed. The award passed by the Motor Accident Claims Tribunal, Sojat in M.A.C.T. Case No.71/97 is modified to the extent that the appellants would be entitled to a sum of Rs.1,80,000/- (1000x12x15) instead of Rs.1,20,000/under the head loss of income as awarded by the Tribunal. The appellants would further be entitled to interest @ 9% per annum on the enhanced amount i.e. Rs.60,000/- from the date of filing the claim petition i.e. 2.6.1997. The respondents to make compliance of this order within a period of three months from the date copy of this order is produced before them. No costs.

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(ARUN BHANSALI), J.

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rm/-

Jamanai Devi and Ors. v. Adam Khan and Ors.

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Jamanai Devi and Ors. v. Adam Khan and Ors.

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