The calculation of compensation in death cases under Section 166 of the Motor Vehicles Act, 1988, including the addition of future prospects, deduction for personal living expenses, claims on conventional heads, and payment of interest on future prospects.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.236 of 2015

======================================================

1.

Sangita Devi, W/o Late Prabhat Kumar,

2.

Ansu, D/o Late Prabhat Kumar

3.

Anubha, D/o Late Prabhat Kumar

Appellant No. 2 is minor under the guardianship of her mother, Appellant

no- 1. All resident of Village- Pahetiya, P.S.- Sadar Hajipur, District-

Vaishali

... ... Appellant/s

Versus

1.

Rajesh Kumar, S/o Girja Prasad, District- Muzaffarnagar, Uttar Pradesh

2.

Raj Narayan Singh, S/o Suman Bahadur Singh, Resident of Village- Dingur

Patti, District- Mirzapur

3.

United India Insurance Company Ltd. through Branch Manager, District-

Hajipur

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr.Alok Kumar @ Alok Kr. Shahi, Advocate

For the Respondent no.3 :

Mr.Durgesh Kumar Singh, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL JUDGMENT

Date : 09-01-2023

Heard Mr. Alok Kumar Shahi, learned counsel for the

appellants and Mr. Durgesh Kumar Singh, learned counsel for the

respondent no.3.

2. This appeal under Section 173 of the Motor Vehicles

Act, 1988 (hereinafter referred to as ‘the Act of 1988’) has been

filed for enhancement of the compensation allowed to the

claimants-appellants by the learned Motor Accident Claim

Tribunal, Hajipur, Vaishali (hereinafter referred to as ‘the learned

Tribunal’) in Claim Case No.82 of 2003. By the order dated

02.08.2014 and award dated 02.03.2015, the learned Tribunal has

Patna High Court MA No.236 of 2015 dt.09-01-2023

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been pleased to allow a sum of Rs.4,99,500/- towards the claim

with simple interest at the rate of 6% per annum. The Insurance

Company (respondent no.3) has been directed to pay the claimants

the award amount.

Brief facts of the case

3. The facts of the case as revealed from the records are

that on 15.06.2002 at about 8.00 PM the husband of the claimant

no.1 was going to Mirzapur after finishing his office work on a

jeep bearing Reg.No.UP3A 6198. The said jeep met an accident

with a Tata Sumo and in the said accident husband of the claimant

no.1 died. In connection with the said accident Case No.26 dated

16.06.2002 was registered in Chilh police station, Janpad Mirzapur

and police submitted a charge-sheet against the driver Pappu

Sonkar under Sections 279, 304A, 338 and 427 of the Indian Penal

Code. According to the claimant no.1 her husband was working in

the Electro Jecknow at Mirzapur and his monthly salary was

Rs.4100/-. At the time of accident and death he was 30 years old.

The employer of the deceased certified the fact that the deceased

was working in the said establishment and his monthly salary was

Rs.4100/-.

4. The Insurance Company opposed the claim before the

learned Tribunal on only ornamental grounds. Since the Insurance

Company has not come in appeal and has not challenged the

Patna High Court MA No.236 of 2015 dt.09-01-2023

3/16

findings of the learned Tribunal, this Court need not go into any

detail discussion on those ornamental grounds of the Insurance

Company.

5. The learned Tribunal framed as many as six issues

which are as under:-

“1- D;k ;g nkok okn iks’k.kh; gS\

2- D;k vkosnd dks eqvkotk nkok okn nkf[ky djus dk

vf/kdkj vkSj dkj.k Fkk\

3- D;k vkosnd }kjk iz”uxr okgu ij nq?kZVuk ds fy,

ftEesokn gksus dk dkj.k lR; vkSj lgh gS\

4- D;k vkosndx.k nkok vkosnu ds vuqlkj eqvkotk ikus

ds gdnkj gS\

5- D;k foi{khx.k nq?kZVuk vkSj eqvkots ds Hkqxrku ds fy,

ftEesokj gS\

6- D;k vkosnd nkok vkosnu ds vuqlkj vuqrks’kksa dks ikus

dk vf/kdkj gS\”

Findings of the Tribunal

6. The learned Tribunal held that on the basis of the

evidences on the record, it is proved that the husband of the

claimant/applicant no.1 died in the accident due to fault of the

driver. The learned Tribunal accepted the income of the

deceased at Rs.4100/- per month but while cal