IMPORTANT POINT
Death in motor accident – Future prospects are integral component of just compensation.

JUDGMENT :

N.V. ANJARIA, J.

Seven Appellants - the original claimants have filed this Appeal against judgment and award of the Allahabad High Court in First Appeal from order no. 1493 of 2013, seeking enhancement in the compensation in respect of death of 33 years old Sobran Singh, who died in a vehicular accident.

1.1. Appellant No. 1 is the widow of the deceased whereas Appellant Nos. 2, 3, 4 and 5 are the three minor daughters and minor son of the deceased respectively, appellant No. 6 is the father, and appellant No. 7 is the mother of the deceased.

2. The High Court allowed the appeal of the claimants enhancing the total compensation from Rs. 7,28,500/- to Rs. 9,20,500/- with interest at 7%, which was awarded by the Motor Accident Claims Tribunal. Contending that the amount of compensation is required to be further enhanced, it was pleaded before this Court that the High Court committed an error in awarding only Rs. 70,000/- towards non-pecuniary heads, further erred in applying the multiplier of 15 instead of 17 and erred also in not awarding the due compensation in respect of other conventional heads.

3. On the fateful day, that is on 02.09.2009, when the accident occurred, the said Sobran Singh was going to his home Kot from Jhansi on his motorcycle bearing registration No. U.P.-93-K-4069. At around 7 p.m., the motorcyclist Sobran Singh had reached near the bridge ahead of village Bhojla. At that time a Jeep Gypsy bearing No. UP-93-Q- 6471 came from the opposite direction. The said vehicle was stated to be driven in rash and negligent manner. It dashed with the motorcycle. As a result of the accident, Sobran Singh sustained grievous injuries on his head and legs.

3.1. Sobran Singh was taken to the Medical College, Jhansi for the treatment. From the Jhansi Medical College, he was shifted to the Gwalior Hospital. While being treated at the Gwalior Hospital on 10.09.2009, he succumbed to injuries, after 8 days of the accident.

3.2. At the time of the accident, the deceased was 33 years of age and was working in a Rajaram Stone Crusher. His case was that he was earning Rs. 6000/- per month from the crusher company. His further case was that he owned agricultural field admeasuring 3-1/2 Bighas and that 20 Bighas of land was given to him in the family division and that in the said land, he used to engage in farming. According to the appellants’ case, the deceased had an income of Rs. 10,000/- per month from the farming activity in addition to Rs. 6,000/- per month which he had been receiving as salary for his crusher related job.

3.3. By filing Motor Accidents Claims Petition No. 668 of 2009 under Section 166 of Motor Vehicle Act, 1988, the widow of the deceased and other claimants prayed for compensation of Rs. 26,10,000/-. The Motor Accident Case Tribunal, Jhansi (hereinafter referred to as the ‘Tribunal’) proceeded to adjudicate the compensation after framing the issues. The issue whether the offending vehicle Gypsy jeep was being driven with negligence and carelessness, and accordingly it hit the motorcycle, was answered in positive in favour of the claimants. It was recorded that the Gypsy driver possessed a valid license on the date of the accident.

3.4. On the basis of the evidence considered by the Tribunal the total compensation which came to be awarded was Rs. 7,28,500/- with 6% interest from the date of filing of application till payment. The Tribunal took the monthly income of the deceased to be Rs. 4,500/- and determined the total compensation awarding amounts under different heads as under,