Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6818 OF 2022
(ARISING OUT OF SLP (C) NO.7389 OF 2020)
ROOPWATI & ORS. ... APPELLANTS
Versus
RAM KISHAN & ORS. ... RESPONDENTS
J U D G M E N T
Sudhanshu Dhulia, J.
1. This appeal is of the claimants, which arises out of the Impugned
Judgment dated 26.09.2018 by the High Court of Punjab & Haryana at
Chandigarh in an appeal against the order of Motor Accident Claims
Tribunal (for short, the “Tribunal”) dated 13.05.2013.
2. The accident occurred on 22.11.2010 when the deceased Hari
Ram was riding on a three-wheeler with his brother Dev Prasad from
Mitrol to Palwal, Haryana. The vehicle was being driven by
respondent no. 1, i.e., Ram Kishan and was insured with respondent
no. 3 (IFFCO TOKIO General Insurance Company LTD.). During the
journey an accident occurred and the vehicle was toppled which
resulted in grievous injuries to the body of Hari Ram. He was taken to
the hospital but he succumbed to his injuries on the very next day on
23.11.2010. The claim petition was filed on his behalf by his wife, his
son and his mother. The Tribunal was of the opinion that the accident
did occur due to the rash and negligent driving by driver of the three-
wheeler. The vehicle was insured with respondent no.3 insurance
company and the liability was fixed on the insurance company by the
Tribunal. The award was made on the following: -
| A | Expenses incurred on the<br>treatment of deceased<br>during admission | Rs.13,000/- |
|---|---|---|
| B | Monthly income of the<br>deceased Hari Ram | Rs.5,000/- |
| C | After deducting 1/4th from<br>the monthly income of<br>Rs.5000/- in view<br>dependency of deceased,<br>the amount comes to, | Rs.3,750/- |
| D | Annual Income of the<br>deceased 12= comes to | Rs.3,750/-<br>x<br>Rs.45,000/- |
| E | Multiplier of ‘9’ is to be<br>applied x 9 =<br>Applied keeping in view the<br>age of the deceased as 60<br>years as per Sarla Verma’s<br>case | Rs.45,000/-<br>Rs.4,05,000/- |
| F | Compensation on account of<br>last rites and transportation<br>charges | Rs.5,000/- |
| G | Compensation towards loss<br>of estate | Rs.5,000/- |
| H | Compensation towards loss<br>of consortium | Rs.5,000/- |
| The total amount of<br>compensation | Rs.4,33,000/- |
3. The matter was taken in appeal by the High Court which after
considering the submissions of the Ram Kishan and respondent no.3
awarded them increased compensation on the opinion that the
multiplier should have been thirteen instead of nine and the Tribunal
was wrong in not granting any amount towards the future prospects.
4. Therefore, the High Court increased the compensation awarded
to Rs. 6,55,000/- with the amount to be given at the 7.5 % interest. The
change of multiplier was granted by the High Court as the age of the
deceased was wrongly recorded as 60 and was found to be 50 years,
based on scientific evidence. The High Court has also increased the
rate of interest from 7% to 7.5%.
5. The High Court has correctly awarded the compensation and
the order of the High Court needs no interference by this Court.
Hence this appeal is dismissed. No order as to costs.
……..............................J.
[HEMANT GUPTA]
.….............................J.
[SUDHANSHU DHULIA]
New Delhi,
October 14, 2022.