(L. Nageswara Rao and Hrishikesh Roy, JJ.)
Rukmani Jethani and Others __________________ Appellant;
v.
Gopal Singh and Others ____________________ Respondent(s).
Civil Appeal No. 2885 of 2021 (@SLP (Civil) No). 27802/2017), decided on July 23, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. At 1.30 p.m. on 14.09.2005, Motilal Jethani met with an accident while he was driving a motor cycle. He was hit by a speeding bus. He sustained injuries due to which he died.
3. The appellants filed a claim petition seeking compensation of Rs. 25,62,000/-. Motilal Jethani was aged 40 years at the time of death and had a monthly income of Rs. 7,000/- from Bardana and dairy business, according to the appellants. Income Tax Returns (ITR) for the Financial Years 2002-2003, 2003-2004, 2004-2005 were produced before the Motor Accidents Claims Tribunal (MACT) which were marked as Exhibits 14, 13 and 12 respectively. Exhibit 12 was not taken into consideration by the MACT on the ground that it was filed after the death of Motilal Jethani on 14.09.2005. The income of the deceased Motilal Jethani was determined as Rs. 54,150/- on the basis of the ITR for the Financial Year 2003-2004.
4. The MACT concluded that the appellants are entitled to an amount of Rs. 5,41,500/- as compensation. An amount of Rs. 90,000/- was granted under the head ‘loss of future prospects’. In addition, Rs. 5,000/- was granted as funeral and ritual expenses, Rs. 60,000/- towards ‘loss of love and affection, deprivation of protection, social security etc.’ for the members of the family, who are six in number. In all, an amount of Rs. 6,96,500/- was awarded as compensation to the appellants by MACT.
5. The appeal filed by the appellants was dismissed by the High Court of Judicature at Rajasthan, Jaipur Bench. The High Court was of the opinion that there was no error committed by the MACT and the compensation awarded in favour of the appellants was just and in accordance with the principles laid down by this Court.
6. Aggrieved by the judgment of the High Court, the appellants have filed this appeal seeking enhancement of the compensation awarded by the MACT and affirmed by the High Court.
7. We have heard learned counsel for the appellants and learned counsel for Respondent No. 3. Learned counsel for the appellants submitted that the compensation awarded by the MACT requires to be enhanced after taking into account the Income Tax Returns of the deceased filed before the MACT for the Financial Year 2004-2005. He also submitted that the compensation under the heads ‘loss of future prospects’, ‘loss of love and affection, deprivation of protection, social security etc.’ and funeral and ritual expenses also need to be enhanced.
8. Learned counsel for Respondent No. 3 submitted that the calculation given by the appellants towards ‘loss of future prospects’ at the rate of 30% cannot be awarded as this Court in its judgment in National Insurance Co. Ltd. v. Pranay Sethi reported in 2017 (16) SCC 680 held that only 25% can be granted for self-employed persons. She further submitted that the compensation for ‘loss of love and affection, deprivation of protection, social security etc.’ of the family members can be only Rs. 15,000/- for each member of the family. Instead of Rs. 4,00,000/- which has been claimed by the appellants they are entitled only to Rs. 90,000/- under the said head. Instead of Rs. 1 Lakh claimed under the head ‘loss of love and affection, pains and sufferings, loss of consortium, deprivation of protection, social security etc.’, learned counsel for Respondent No. 3 submitted that only Rs. 40,000/- can be awarded in accordance with the judgment in Pranay Sethi (supra).
9. After careful consideration of the submissions made on behalf of the parties, we are of the opinion that the MACT committed an error in not taking into account the ITR filed on behalf of the deceased for the Financial Year 2004-2005. Taking into account the ITR filed on behalf of the deceased for the Financial Year 2004-2005, we hold that the appellants are entitled for an amount of Rs. 8,40,735/- towards compensation on the basis of yearly income of the deceased applying the multiplier of 15. Insofar as loss of future prospects is concerned, we are in agreement with the learned counsel for Respondent No. 3 that the calculation should be based on 25% of the established income and not 30%. The appellants are entitled to Rs. 2,52,213/- towards ‘loss of future prospects’. In respect of compensation to the family members for ‘loss of love and affection, deprivation of protection, social security etc.’, we are of the opinion that the appellants are entitled to Rs. 90,000/- (Rs. 15,000/- each to six members of the family). The widow of the deceased is entitled to Rs. 40,000/- towards compensation for ‘loss of love and affection, pains and sufferings, loss of consortium, deprivation of protection, social security etc.’ Further, the appellants are also entitled to Rs. 25,000/- towards funeral and ritual expenses. In all, the appellants are entitled for payment of compensation amounting to Rs. 12,47,948/- (Rupees twelve lakh forty seven thousand nine hundred forty eight only).
10. Respondent No. 3 is directed to pay the enhanced compensation within a period of eight weeks from today along with interest @ 9% p.a.
11. The appeal is disposed of accordingly. Pending application(s), if any, shall also stand disposed of.
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