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2002 Supreme(MP) 1138
High Court Of Madhya Pradesh
DEEPAK VERMA, N. K. JAIN
AVANTIBAI - Appellant
Versus
HIRALAL - Respondents
M. A. 624 Of 2002
Decided On : 12/12/2002
Anil Ojha, MANISH JAIN
The court considered various factors such as dependency, treatment expenses, loss of consortium, love and affection, and funeral expenses to determine the proper compensation amount in a motor accident case.
Headnote:
Compensation - Motor Accident - The court raised the compensation amount for the death of a milk vendor in a motor accident, considering various factors such as dependency, treatment expenses, loss of consortium, love and affection, and funeral expenses.
Fact of the Case:
The Claims Tribunal awarded Rs. 1,45,000 as compensation for the death of a 50-year-old milk vendor in a motor accident, including treatment expenses. The court raised the compensation to Rs. 2,25,000 and ordered interest at 9% per annum from the date of the claim petition.
Finding of the Court:
The court found the amount awarded by the Tribunal to be on the lower side and raised the compensation to Rs. 2,25,000, considering various factors such as dependency, treatment expenses, loss of consortium, love and affection, and funeral expenses. The appeal was allowed, and the respondents were liable to pay the raised compensation amount with interest and appellants' costs.
Issues: The main issue was the adequacy of the compensation awarded by the Claims Tribunal for the death of the milk vendor in a motor accident.
Ratio Decidendi: The court considered various factors such as dependency, treatment expenses, loss of consortium, love and affection, and funeral expenses to determine the proper compensation amount, and raised it to Rs. 2,25,000.
Final Decision: The court allowed the appeal in part, raised the compensation amount to Rs. 2,25,000, ordered interest at 9% per annum, and directed the respondents to bear the appellants' costs.
( 1 ) FOR the death of 50 years old milk vendor who died in a motor accident, the Claims Tribunal below has awarded Rs. 1,45,000 as compensation. This amount also included the treatment expenses which the deceased received for about seven days before his death.
( 2 ) THE amount awarded by the Tribunal is clearly on the lower side. The dependency has been computed at Rs. 15,600 which in our opinion ought to be Rs. 16,000 per annum. Tribunal has applied multiplier of 8 only which again is on lower side and should have been 13. On applying this multiplier, the amount of compensation on this count comes to Rs. 2,08,000. To this, a further sum of Rs. 17,000 needs to be added under various other heads such as loss of consortium, loss of love and affection, loss to the estate, medical and funeral expenses. Thus, the proper compensation in the instant case comes to Rs. 2,25,000 (rupees two lakh twenty-five thousand)which the respondents are liable to pay jointly and severally to the appellants.
( 3 ) ACCORDINGLY, this appeal is allowed in part and the amount of compensation is raised to Rs. 2,25,000. This amount shall also carry interest at the rate of 9 per cent per annum from the date of claim petition until payment. The respondents shall also bear appellants' cost of this appeal besides their own. Counsel's fee Rs. 1,000, if certified. Appeal allowed.
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