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(2024) Law Today Live Doc. Id. 19027 = 2024(2) L.A.R. 134
Decided on: 07.03.2024
For Petitioner(s):
Mr. Sumanth Nookala, AOR
For Respondent(s):
Ms. Neerja Sachdeva, Adv., Mr. Arvind Gupta, AOR
Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Agriculturist deceased -- Details of the land owned by the deceased, as well as, full particular and proof of the livestock were not filed -- Income of the deceased taken as Rs.8,000/- per month.
(Para 3)
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties. Contention raised is that the High Court in the impugned judgment, has not granted benefit of future prospects. On the question of income also, it is submitted that there is a substantial disparity in the figure accepted by the Motor Accidents Claim Tribunal-II1 [1“MACT”, for short.], Kullu, District Kullu, Himachal Pradesh and the High Court. Reliance is placed on the evidence of Kala Devi, who is appellant no. 1 herein. She had stated that the deceased – Chande Ram, her husband, was an agriculturist and had a livestock of about 150 goats and sheep. On a pointed question, it is, however, accepted that the details of the land owned by the deceased, as well as, full particular and proof of the livestock were not filed.
3. Having regard to the facts of the present case, we feel that the income of the deceased-Chande Ram can be taken as Rs.8,000/- (Rupees eight thousand only) per month. Multiplier of 9 should be applied. Further, deduction of one-fourth (1/4th) towards personal expenses is appropriate and should be applied. Accordingly, loss of dependency is computed as Rs.6,48,000/- (Rupees six lakhs forty eight thousand only). We have not additionally accounted for future prospects because we have taken the said aspect into consideration while fixing the figure of Rs. 8,000/- (Rupees eight thousand only) as monthly income of the deceased-Chande Ram.
4. In accordance with the judgment of the High Court, the appellants will be also be entitled to loss of consortium of Rs.40,000/- (Rupees forty thousand only) and funeral expenses to the tune of Rs.15,000/- (Rupees fifteen thousand only).
5. The enhanced compensation along with simple interest at the rate of 8% per annum from the date of filing of the claim petition till the payment, will be paid to the appellants through banking channels.
6. The additional amount deposited will be converted into an interest-bearing Fixed Deposit Receipt (FDR) with a nationalised bank or a cooperative bank, for a period of four years. The interest accrued will be paid to the appellants/dependents. In case the appellants/dependents want to encash the FDR on an earlier date, they will be entitled to move an application giving reasons before the MACT, which will be considered and examined on merits.
7. The impugned judgment is accordingly set aside to the extent indicated above. The appeal is partly allowed and disposed of in above terms.
8. Pending application(s), if any, shall stand disposed of.
Appeal partly allowed.
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