SMT. MEENA PAWAIA Vs. ASHRAF ALI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.02.2020 passed by the High Court of Madhya Pradesh Bench at Gwalior in MA No. 1319 of 2016, by which the High Court has partly allowed the said appeal preferred by the Union of India/Railways and has reduced the amount of compensation from Rs.12,85,000/-­ (awarded by the claims tribunal) to Rs.6,10,000/-­, the original claimants have preferred the present appeal.

(2.) In an accident which occurred on 12.09.2012, the son of the original claimants, Mr. Prashant died. The deceased at the time of accident was a bachelor, aged 21 years and was studying in 3rd year of B.E. The original claimants - mother, father, brother and sister of the deceased filed the claim petition before the Motor Accident Claims Tribunal (MACT), being MACT case No.1/2013 claiming Rs.25 lakhs as compensation on different heads. It was the case on behalf of the original claimants that the deceased at the relevant time was earning Rs.8,000/-­ per month as he was engaged in tuition of other students. On appreciation of evidence the learned Tribunal held that the deceased died due to rash and negligence on the part of the driver of the truck involved in the accident. The learned Tribunal assessed the monthly income of the deceased as Rs.15,000/-­ per month, disbelieving the case on behalf of the claimants that he was getting Rs.25,000/­- as salary from one Nectal Construction Company. Learned Tribunal also disbelieved the fact about earning of Rs.8,000/-­ by the deceased per month from private tuition. However considering the young age and the educational qualification, the learned Tribunal keeping in mind the nature of work to be done by him in future and his future prospect, considered the future loss of income at Rs.15,000/-­ per month. The learned Tribunal deducted 1/2 over his own personal expenses as he was a bachelor. However, the learned Tribunal applied the multiplier on the basis of the age of the parents of the deceased and consequently applied the 14 multiplier and awarded Rs.12,60,000/-­ towards future loss of income. The learned Tribunal also awarded Rs.25,000/­ under other head, namely on the head of the last rites of the deceased. Learned Tribunal in all awarded Rs.12,85,000/-­ with 7.5% interest per annum.

(3.) Feeling aggrieved and dissatisfied with the judgment and award dated 16.09.2016 passed by the learned Tribunal, both, the original claimants as well as Union of India preferred separate appeals before the High Court. Union of India preferred MA No. 1276 of 2016 and original claimants preferred MA No.1319 of 2016. By the impugned judgment and order, the High Court has reduced the amount of compensation from Rs.12,85,000/-­ to Rs.6,10,000/-­ assessing the income of the deceased at Rs.5,000/-­ per month instead of Rs.15,000/-­ per month as determined and awarded by the learned Tribunal. The High Court corrected the error committed by the learned Tribunal and applied the multiplier considering the age of the deceased and applied the multiplier of 18 and has awarded Rs.5,40,000/-­ under the head of future loss of income. Thereafter it has further awarded Rs.15,000/­ as loss of estate; Rs.15,000/­ as funeral expenses and Rs.40,000/-­ as loss of love and affection. The High Court has awarded a total sum of Rs.6,10,000/­ instead of Rs.12,85,000/­ as awarded by the learned Tribunal.