Preetam Das vs Ahmad Hussain - 1997 Supreme(MP) 1033

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Appellant : A.K. Rathore
For the Respondent: N.S. Ruprah

Headnote:(1) Motor Vehicles Act, 1988 – – S. 168, 163A and Schedule II – – unskilled labourer dying in accident – – aged 50 years – – family contribution would be Rs.6,000/ – per annum – – multiplier of 13 would be adopted – – Rs.11,000/ – awarded for consortium and loss of estate.
       (2) Motor Vehicles Act, 1988 – – S. 171 – – interest on award – – should be 12% from date of application till payment – – may be enhanced to 15% if not paid within directed period.
        Short Note
       1. Appellant No.1 is the husband of the deceased Jamnabai aged about 50 years and appellants 2 to 4 are children of the deceased who have filed this appeal for enhancement of compensation awarded in Motor Accident Claim Case No. 19/90 vide award dated 8.11.94 passed by Additional Motor Claims Tribunal, Sihore, District Jabalpur.
       2. Though, the appellants led evidence that the decreased was earning Rs.1,000/ – per month as she was employed in a shop of readymade garments but that was not found established, therefore, the Tribunal taking into account the minimum wage of an unskilled labour at Rs.600/ – per month estimated the dependency at Rs.400/ – per month, yearly Rs.4,800/ – . A multiplier of 10 was selected, the amount was calculated at Rs.48,000/ – wherein Rs.1,000/ – were added for consortium and loss of estate. Thus, the total sum of Rs.59,000/ – was awarded which was directed to be paid by the respondent No.3 with interest at 12 per cent per annum from the date of application till payment.
       3. Learned counsel for the appellants submitted that the accident occurred on 7.5.90 when the minimum wages of an unskilled labour was Rs.32/ – per day, monthly, therefore, the Tribunal ought to have taken Rs.800/ – as the monthly earnings of the deceased. A multiplier of 13 ought to have been selected into the dependency after deducting one – third of the personal living expenses of the deceased.
       4. In our opinion the counsel is right as in the circumstances the amount of compensation awarded is law. Even if the minimum wage of an unskilled labour is taken into account in that one – third is deducted towards personal living expenses the contribution to the family will come to Rs.533/ – per month. Even if this is reduced and a round figure of Rs.500/ – is taken the family contribution will come to Rs.6,000/ – per year applying the multiplier of 13 as shown in Second Schedule to Section 163 – A of the Motor Vehicles Act, 1988, for the persons in between the age of 45 to 50, the loss of family contribution will come to Rs.78,000/ – in that Rs.11,000/ – are added for consortium and loss of estate, the total amount would come to Rs.89,000/ – which the appellants would be entitled with interest at 12 per cent per annum from the date of application till payment. As the respondent No.3 has deposited the amount under award with its interest accrued the balance amount of Rs.30,000/ – with interest thereon shall be deposited by the respondent No.3 within a period of two months from the date of supply of certified copy failing which interest would be leviable at 15% per annum. On deposit the amount shall be disbursed by the Tribunal to the appellants – claimants keeping in mind the guidelines laid down by the Supreme Court in case of General Manager, Kerala State Road Transport Corporation v. Susamma Thomas [AIR 1994 SC 1631] and Lilaben Udesingh Gohel v. Oriental Insurance Co. Ltd. [(1996) 3 SCC 608].
       5. In the result the appeal is allowed with costs, the award of the Tribunal shall stand substituted as indicated above. Counsel's fee Rs.500/ – , if pre – certified.