IMPORTANT POINT
Wrong assessment of income results in wrong determination of compensation under all heads.

Judgment

V. Gopala Gowda, J.

1. Leave granted.

2. These appeals have been filed by the Appellants against the final judgment and order dated 22.02.2013 passed by the High Court of Madhya Pradesh at Jabalpur in M.A. No. 480 of 2008, wherein the High Court partly allowed the appeal of the Appellants and dismissed the review petition No. 256 of 2013 dated 21.6.2013.

3. The necessary relevant facts are stated hereunder to appreciate the case with a view to determine whether the Appellants are entitled for enhancement of compensation amount as prayed in these appeals?

4. On 27.11.2006, Jhabbu Verman, aged 35 years, was on his way back from Tripuri to Garha (Jabalpur) on his motorcycle bearing registration No. MP-20-Y-7669 and met with an accident when a truck bearing registration No. MP-20-GA-2221 being driven by Respondent No. 1 rashly and negligently collided with the back of his motorcycle. As a result of the same, Jhabbu Verman fell towards his right and the wheel of the vehicle ran over his hands which lead to severe damage to his left hand. Due to the grievous injuries caused in the said accident, he was immediately taken to the Mahakaushal College and Hospital and he remained under medical treatment from 28.11.2006, during which period he underwent an operation and plastic surgery twice on his chest and was advised for amputation of his left hand. However, due to the severity of injuries caused to him in the accident, Jhambu Verman died on 08.12.2006.

5. A claim petition Under Section 166 of the Motor Vehicle Act, 1988 was filed on 06.01.2007 before the Motor Accidents Claims Tribunal (for short 'the Tribunal'), at Jabalpur, M.P. by the Appellant No. 1- wife of the deceased, Appellant Nos. 2 & 3-minor children of the deceased, Appellant Nos. 4 & 5-parents of the deceased, claiming Rs. 31,70,000/- as compensation for loss caused due to the death of Jhambu Verman.

6. The Tribunal after considering the facts, circumstances and evidence on record of the case on hand, passed an Award dated 08.10.2007 by awarding a total compensation of Rs. 3,75,500/- at an interest rate of 6.5% per annum to the Appellants.

7. Aggrieved by the insufficient compensation awarded by the Tribunal in its Award, the Appellants preferred an Appeal before the High Court of Madhya Pradesh at Jabalpur for enhancement of compensation urging various grounds. The High Court after examining the facts, circumstances and evidence on record enhanced the amount to a total compensation of Rs. 5,35,000/- under all heads with interest at the rate of 8% per annum. The following is the breakup of compensation under various heads awarded by the High Court:

(i) Loss of dependency – Rs. 4,50,000/-

(ii) Funeral Expenses – Rs. 5,000/-

(iii) Loss of estate – Rs. 5,000/-

(iv) Loss of consortium – Rs. 5,000/-

(v) Loss of love and affection – Rs. 20,000/-

(vi) Towards pecuniary Loss – Rs. 50,000/-

TOTAL - Rs. 5,35,000/-

The Appellants filed a review petition before the High Court which was dismissed on 21.06.2013. The Appellants have challenged both the orders by filing special leave for enhancement of the compensation amount.

8. It has been contended by the learned Counsel for the Appellants that the High Court has wrongly assessed the monthly salary at Rs. 3,500/- per month and failed to appreciate that the deceased was 35 years of age and was working as a technician at Mahakaushal Hospital and that he was getting a salary of Rs. 4617/- per month. Further, it is contended that the High Court failed to appreciate that Rajnikant Tiwari (PW-3), Occupation Manager, Mahakaushal Hospital, Jabalpur, has stated that the deceased was an operation theatre technician at the Hospital and was getting a salary of Rs. 4,600/- per month. Further, the courts below failed to consider the legal principles laid down by this Court with respect to calculation of future prospects of income of the deceased in the cas