IMPORTANT POINT
Compensation under different heads should be properly determined.

JUDGMENT

V. GOPALA GOWDA, J.

1. Leave granted.

2. This appeal has been filed by the appellant-claimants against the Judgment and order dated 31.07.2013 passed in First Appeal No. 413 of 2007 by the High Court of Himachal Pradesh at Shimla, wherein the High Court has partly allowed the appeal filed by the appellant-claimants.

3. The necessary relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled for relief as prayed in this appeal. On 15.12.2003, Roshan Chauhan, husband of the appellant Kala Devi was travelling in a vehicle bearing No. HP-09A-0897(207 TATA), which was being driven by respondent No. 3 Keshav Ram. When they reached near Narla, Tehsil Theog, District Shimla, the vehicle got stuck due to snow surfaced road. Roshan and few others alighted and tried to push the vehicle. In the process of pushing the vehicle, suddenly the vehicle slipped and hit Roshan and went off the road. This lead to the death of Roshan and seriously injured others who later succumbed to the same.

4. The claimants i.e. the wife, 2 minor children and mother of the deceased filed a claim petition before the Motor Accidents Claims Tribunal, Shimla (in short 'the Tribunal') claiming Rs.12,96,000/- as compensation on the ground that the deceased was 25 years of age, a matriculate and a driver by vocation, earning Rs.9,000/- p.m. at the time of his death. The Tribunal took the income of the deceased at Rs.3,000/- p.m. for the purpose of quantifying loss of dependency of the appellants. 1/3rd of the monthly income was deducted towards personal expenses of the deceased. As the deceased was 25 years of age at the time of his death, therefore by applying the appropriate multiplier of 17, the compensation determined by the Tribunal towards the loss of dependency was arrived at Rs.4,08,000/- (Rs.2,000 x 12 x 17). A sum of Rs.32,000/- was awarded towards conventional heads. Thus, a total compensation of Rs.4,40,000/- was awarded by the Tribunal with interest at the rate of 7.5% p.a. to the appellants.

5. Being aggrieved by the judgment and award passed by the Tribunal, the claimant-appellants preferred First Appeal No. 413 of 2007 before the High Court of Himachal Pradesh at Shimla for enhancement of compensation, whereas the respondent-Insurance Company preferred First Appeal No.498 of 2007 for the reduction of the compensation awarded by the Tribunal.

6. After hearing the parties, the High Court was of the view that there was nothing to dislodge the income of the deceased as assessed by the Tribunal. However, it could not be applied for all of the forthcoming years had the deceased survived. Therefore, keeping in view the potentiality that the deceased could have had, a benefit of 40% increase in the income was given by the High Court.

Thus, arriving at an income of Rs.4,200/- p.m. and after deducting 1/3rd amount towards personal expenses, the dependency was arrived at Rs.2,800/- p.m. (Rs.33,600/- p.a.). The appropriate multiplier of 18 was adopted by the High Court and arrived at a loss of dependency of Rs.6,04,800/-. It was further held that the appellant-wife was entitled for a compensation of Rs.30,000/- for loss of consortium and the minors were entitled to a compensation of Rs.40,000/- for loss of love and affection.

Further, the appellants were also entitled for Rs.25,000/- under the head of conventional charges. Thus, the total amount of compensation calculated by the High Court was Rs.6,99,800/- with 9% interest p.a. with costs quantified at Rs.5,000/-. The appeal filed by the respondent-Insurance Company was dismissed by the High Court. Not satisfied with the order of the High Court, the appellants have filed this appeal, urging various grounds.

7. It has been contended by the learned counsel for the appellants that the income of the deceased at the time of his death was Rs.9,000/- p.m. and therefore, the assessment of loss of dependency based on Rs.3,000/- p.m. as the income of the deceased