The court clarified the principles for determining compensation in motor accident cases, including the inclusion of dependents, calculation of future prospects, and awarding compensation under the conventional heads.

JUDGMENT :

(J.J. Munir, J.)

1. This is a claimant’s appeal, arising out of the judgment and award passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.12, Allahabad, dated 31.10.2009 in Motor Accident Claims Petition No. 420 of 2008. The claimant, who is in appeal, seeks enhancement of the compensation awarded by the Tribunal.

2. The facts giving rise to this appeal lie in a narrow compass. Narrower still, would be the reference to facts of the case, and proceedings before the Tribunal, because the issue involved in this appeal is about adequacy of compensation alone. Smt. Ganpati Devi is the claimant, who is in appeal. She will hereinafter be referred to as “the claimant”. Her husband was the victim of a motor accident caused by the vehicle bearing Registration No. UP-70M/5044, said to be driven rashly and negligently. The claimant’s husband, in consequence of the accident, sustained injuries, to which he succumbed. The accident occurred on 23.04.2008 at the Imli Tiraha, Transport Nagar, P.S. Dhoomanganj, District Prayagraj. The deceased was aged 49 years at the time of the mishap. He was employed as a driver with the Jal Nigam and drew a monthly salary of Rs.8,933/-.

3. The claimant asserts that on account of her husband’s demise in the accident, she has sustained financial loss, besides suffering mental agony. She moved the Tribunal to recover from the owner of the vehicle as well as the insurer, a sum of Rs.14,73,000/- in compensation. The Tribunal, by the impugned judgment, has awarded a sum of Rs.1,61,232/- together with 6% simple interest from the date of institution of the claim petition until realization.

4. Aggrieved by the quantum of compensation awarded by the Tribunal, the claimant has come up in appeal.

5. Ishtiak Ahmad is the owner of the offending vehicle, whereas the National Insurance Company, Civil Lines, Allahabad are its insurers. Ishtiak Ahmad shall hereinafter be referred to as “the owner”, whereas the National Insurance Company Limited, Civil Lines, Allahabad shall hereinafter be called “the insurers”.

6. The learned Counsel for parties have addressed this Court on the issue of quantum alone and not the other issues dealt with by the Tribunal, about which there is no cavil before this Court.

7. Heard Mr. Ram Singh, learned Counsel for the claimant and Mr. Anand Kumar Sinha, learned Counsel for the insurers. No one appeared on behalf of the owner. I have perused the record.

8. The deceased, Banshilal Yadav was a driver in the employ of the Uttar Pradesh Jal Nigam, Allahabad and attached with the Executive Engineer, Construction Division of the said Nigam. He was drawing a salary of Rs.8,033/- per month. In order to prove the deceased’s income, the claimant has filed her husband’s salary certificate bearing Paper No. 19 x 1. The said certificate has been issued by the Executive Engineer, Construction Division, U.P. Jal Nigam, Allahabad. The Tribunal has recorded a finding that no evidence in rebuttal, or to contradict the said salary certificate, has been produced by the owner or the insurers. In the circumstances, the salary certificate has been accepted. The Tribunal has recorded that the basic salary of the deceased was Rs.4700/-, to which was added a sum of Rs.3478/- towards dearness allowance. In addition, the deceased was also in receipt of Rs.680/- per month towards house rent allowance, which was added to his salary. The deceased was, thus, found to be in receipt of a monthly salary of 8,858/-.

9. The Tribunal proceeded to determine the compensation payable on the basis of the aforesaid monthly income. The annual income was determined by the Tribunal at a figure of Rs.1,61,296/- by multiplying the monthly income with the figure of 12'. A one-third was deducted towards personal expenses of the deceased, which would be a sum of Rs.35,432/-. Thus, the annual dependency was determin