w w w . L a w y e r S e r v i c e s . i n



Sushila Devi v/s Naval Kishore


Company & Directors' Information:- DEVI CORPORATION PRIVATE LIMITED [Active] CIN = U16000AP2011PTC076133

Company & Directors' Information:- P KISHORE & CO PVT LTD [Strike Off] CIN = U51909WB1980PTC033193

Company & Directors' Information:- NAVAL PRIVATE LIMITED [Active] CIN = U29305PB1981PTC004448

Company & Directors' Information:- KISHORE INDIA PVT LTD [Strike Off] CIN = U70101AS1984PTC002242

    First Appeal From Order No. 169 of 2013

    Decided On, 03 March 2014

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE DEVI PRASAD SINGH & ASHOK PAL SINGH

    For the Appellant: R.P. Tripathi, Advocate. For the Respondent: Zafar Aziz, Advocate.



Judgment Text

Ashok Pal Singh, J.

1.The instant appeal u/s 173 of the Motor Vehicles Act, 1988 (in short referred as an Act), has been preferred by the claimants for enhancement of compensation amount awarded by the Motor Accident Claims Tribunal/District Judge, Ambedkar Nagar by its judgment and award dated 12-12-2012 passed in M.A.C.P. No. 01 of 2012. As borne out from the record and hearing of the learned counsels for the parties, it appears that there is no dispute about the deceased Anil Kumar alias Raju Bhai having died in a motor accident. There also appears no dispute that the deceased was a Driver who was driving the truck involved at the time of its accident. Admittedly, the claimants-appellants are the family members/legal heirs of the deceased.

2. Although, the claim petition was preferred before the Tribunal u/s 166 of the Motor Vehicles Act, but, the Tribunal finding it to be a case of no fault liability, awarded compensation under the impugned award u/s 163A of the Act.

3. Since, no positive evidence was adduced before the Tribunal regarding the income of the deceased, the Tribunal calculated the compensation amount holding the notional income of the deceased to be Rs. 1500/- per month, made deductions of 1/3rd amount towards personal expenses of the deceased and calculated the dependency as Rs. 12,000/- per annum. In view of the age of the deceased being 36 years, a multiplier of 16 was used by it and the total compensation payable to the claimants-appellants was assessed as Rs. 1,92,000/-.

4. It has been argued by learned counsel for the appellants that notional income of the deceased who admittedly was a Driver, has been erroneously held by the Tribunal as Rs. 1500/- per month. Since, he was a skilled person, his notional income should have been taken on the basis of the minimum salary of Rs. 6,000/- per month which is normally received by a driver. His further submission is that in this salary, 30% increase was also liable to have been made on account of future prospect. In this way, notional income of the deceased ought to have been taken by the Tribunal as Rs. 8,000/- per month and the compensation should have been calculated accordingly. In support of his argument, learned counsel for the appellants has relied upon Minu Rout and Another Vs. Satya Pradyumna Mohapatra and Others, .

5. In the case of Minu Rout and Another Vs. Satya Pradyumna Mohapatra and Others, , Hon'ble Apex Court has held that the notional salary of the deceased a car driver ought to be taken as Rs. 6,000/- per month due to skilled nature of his job. An amount of 30% is also to be added to this monthly salary as future prospects. It thus held that the notional income of a driver is to be held as Rs. 6000 + 1800 = Rs. 7,800 per month.

6. In the present case also, the deceased being a truck driver and his job being that of skilled person, his notional income as Rs. 1500/- per month cannot be held to be fair and justified. Thus, applying the same ratio as held in the case of Minu Rout (2013 AIR SCW 5375) (supra), it is necessary that the compensation is calculated in the present case also on the notional income of the deceased as Rs. 7,800/- per month i.e. Rs. 93,600/- per annum. Considering the number of claimants/legal heirs of the deceased, it shall be appropriate to deduct 1/3rd amount towards personal and living expenses of the deceased, thus bringing the multiplicand to Rs. 93,600 - 31200 = Rs. 62,400.

7. A perusal of the impugned judgment and award passed by the Tribunal reveals that while calculating the compensation, the Tribunal has used the multiplier of 16 on account of age of the deceased being 36 years. It appears that while fixing the multiplier to be 16, the Tribunal has taken into consideration the Table provided in IInd Schedule of the Act. However in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , Hon'ble Apex Court has held this table to be erroneous and directed that calculation of compensation shall be made in accordance to the multiplier provided in Column TV of the Table as provided in that case. According to Column IV of the Table as given in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , where the age of the victim is between 36-40 years, multiplier of 15 only has to be used. Use of 16 as multiplier by the Tribunal in the present case is clearly in contradiction to the Table provided by the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .

8. In view of above, applying the multiplier of 15, the compensation derived is assessed as Rs. 62,400 x 15 i.e. Rs. 9,36,000.

9. In the case of Rajesh and Others Vs. Rajbir Singh and Others, , it has been held by three Judges' Bench of Hon'ble Apex Court that considering the increase in price index, a minimum amount of Rs. 1,00,000/- towards the loss of consortium to the spouse of the deceased and Rs. 25,000/- towards funeral expenses shall also be payable, where required.

10. In view of the aforesaid decision of Rajesh v. Rajveer Singh (supra), an amount of Rs. 1,00,000/- towards loss of consortium and Rs. 25,000/- as funeral expenses are also provided to the claimants.

11. In view of above discussion, the claimants are thus, found entitled to receive a total sum of Rs. 10,61,000/- as compensation. Keeping in view the provisions contained in section 171 of the Act, simple interest @ Rs. 6% per annum shall also be paid

Please Login To View The Full Judgment!

by the opposite party No. 2, Insurance Company on the aforesaid amount from the date of filing of claim petition. Allowing the appeal to the above extent, the judgment and award dated 12-12-2012 is accordingly modified. No order as to costs. The opposite party No. 2, Insurance Company, is directed to deposit the entire amount of compensation which remains to be deposited by it in terms of the present judgment before the Tribunal within a period of three months which shall be released in favour of the claimants for being paid or deposited by them as per the directions given by the Tribunal in the impugned award.
O R







Judgements of Similar Parties

21-07-2020 Branch Manager, Sahara India Dumraon Branch Buxar Bihar Versus Raj Kumari Devi National Consumer Disputes Redressal Commission NCDRC
16-07-2020 Kamlesh Devi & Others Versus Bhola Nath & Others High Court of Jammu and Kashmir
16-07-2020 Raksha Devi Vedrsus Union Territory of Jammu & Kashmir High Court of Jammu and Kashmir
15-07-2020 State of U.P. Thru. Secy. Deptt. Cane, Lko & Another Versus Kaushal Kishore High Court Of Judicature At Allahabad Lucknow Bench
14-07-2020 M/s. Sanwaliya Tractor Sales & Service, Rajasthan & Others Versus Bhagwati Devi Bhatt & Others National Consumer Disputes Redressal Commission NCDRC
06-07-2020 B.A.S. Devi Prasad Versus The Telangana Co-operative Tribunal, Rep. by its Registrar High Court of for the State of Telangana
30-06-2020 National Seeds Corporation Ltd. Jaipur & Others Versus Manju Devi National Consumer Disputes Redressal Commission NCDRC
24-06-2020 Bhagwati Devi Versus Suritram (Dead) & Others High Court of Chhattisgarh
18-06-2020 Dr. Manoj Kr. Bhagat Versus Masomat Kanchan Devi National Consumer Disputes Redressal Commission NCDRC
17-06-2020 Most. Dhanwanti Devi & Others Versus Sanjharo Devi & Others High Court of Judicature at Patna
15-06-2020 Samri Devi Shaw Versus New India Assurance Co. Ltd., Mumbai & Others National Consumer Disputes Redressal Commission NCDRC
15-06-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney Manager, New Delhi Versus Aasha Devi & Another National Consumer Disputes Redressal Commission NCDRC
12-06-2020 Munni Devi & Others Versus State of U.P. High Court of Judicature at Allahabad
11-06-2020 Sheelender Kumar Gupta & Another Versus Mahaviri Devi (Deceased) Thr. Lrs. High Court of Delhi
11-06-2020 Pawan Kishore Harlalka Versus State of West Bengal & Others High Court of Judicature at Calcutta
09-06-2020 Dr. Kishore Kumar Chouhan & Others Versus State of Chhattisgarh & Others High Court of Chhattisgarh
08-06-2020 Geeta Devi Versus Om Prakash & Others High Court of Judicature at Allahabad
08-06-2020 Naval Ghanshyambhai Kahar Versus Commissioner of Police High Court of Gujarat At Ahmedabad
02-06-2020 Renu Devi & Another Versus State of Punjab & Others High Court of Punjab and Haryana
28-05-2020 Manju Devi Versus Board of Revenue Allahabad & Others High Court Of Judicature At Allahabad Lucknow Bench
28-05-2020 Most. Ahilya Devi @ Ahilya Devi Versus State of Bihar & Others High Court of Judicature at Patna
21-05-2020 Savitri Devi & Others Versus State of U.P. & Others High Court Of Judicature At Allahabad Lucknow Bench
20-05-2020 Aasha Devi Versus Bihar State Food & Civil Supply Corporation Ltd through its Managing Director, Patna & Others High Court of Judicature at Patna
19-05-2020 Brij Kishore Dwivedi Versus Union of India, represented by and through the Secretary to the Government of India, New Delhi in the Ministry of Home Affairs, South Block, New Delhi & Others High Court of Tripura
04-05-2020 Priyambada Devi Birla & Birla Corporation Ltd. Versus Arvind Kumar Newar & Others High Court of Judicature at Calcutta
01-05-2020 Neeru Dhir & Others Versus Kamal Kishore Dhir & Others High Court of Delhi
01-05-2020 Inder Singh Versus Savitri Devi High Court of Delhi
29-04-2020 Gopi Chand Versus Geeta Devi & Others High Court of Delhi
16-04-2020 Kaushal Kishore Mishra & Others Versus State of U.P. High Court Of Judicature At Allahabad Lucknow Bench
15-04-2020 Rajasthan State Road Transport Corporation Ltd. & Others Versus Mohani Devi & Another Supreme Court of India
08-04-2020 Shyama Devi Versus Manju Shukla & Others High Court of Rajasthan Jaipur Bench
24-03-2020 Babu Lal & Others Versus Para Devi & Others High Court of Rajasthan Jaipur Bench
23-03-2020 Damyanti Devi Versus Vipul Infrastructure Developers Ltd. & Others High Court of Delhi
20-03-2020 Prem Devi Versus Delhi Development Authority Through Its Vice Chairman Vikas Sadan, New Delhi National Consumer Disputes Redressal Commission NCDRC
19-03-2020 Uma Devi Versus The State Govt of NCT of Delhi High Court of Delhi
19-03-2020 Satya Devi Versus State of HP & Another High Court of Himachal Pradesh
18-03-2020 Dr. Nirmala Devi, Obstetrician & Gynecologist, Assitant Professor Versus Chandrakanta National Consumer Disputes Redressal Commission NCDRC
18-03-2020 United India Insurance Company Limited Versus Mora Devi High Court of Rajasthan Jodhpur Bench
18-03-2020 Surendra Kumar Versus Phulwanti Devi High Court of Rajasthan
16-03-2020 Khushboo Devi Versus Indranil Ray Chowdhury & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
10-03-2020 G. Uma Devi & Another Versus M. Krishnamurthy Reddiar & Others High Court of Judicature at Madras
09-03-2020 The Branch Manager, M/s The Oriental Insurance Company Ltd. Through Divisional Manager Versus Jayanti Devi & Others High Court of Jharkhand
09-03-2020 Kishore Kumar & Another Versus The Inspector of Police, Central Crime Branch - I, EDF-III, Greater Chennai Police, Chennai & Another High Court of Judicature at Madras
06-03-2020 M/s Nandan Biomatrix Ltd. Versus S. Ambika Devi & Others Supreme Court of India
06-03-2020 Poonam Devi & Others Versus Oriental Insurance Co. Ltd. Supreme Court of India
06-03-2020 Sakuntala Devi Versus Dr. Md. Mumtaz Alam & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 M. Vanaja Versus M. Sarla Devi (Dead) Supreme Court of India
04-03-2020 Tulsa Devi Nirola & Others Versus Radha Nirola & Others Supreme Court of India
04-03-2020 Ambika Singh (since deceased) represented by legal representatives & Others Versus Mosomat Sohagi Devi (since deceased) represented by her legal heirs & Others High Court of Judicature at Patna
03-03-2020 Saraswati Devi Versus Bharat Coking Coal Limited through its Chairman-cum-Managing Director, Dhanbad & Others High Court of Jharkhand
28-02-2020 Sandhya Devi @ Sandhya Goyal Versus State High Court of Delhi
28-02-2020 Devi & Another Versus The Secretary to Government, Home, Prohibition & Excise Department, Secretariat & Another High Court of Judicature at Madras
28-02-2020 M/s. Jackson Laboratories Private Limited, A Private Limited Company Registered under The provisions of the Companies Act, 1956, Represented by its Managing Director, Jugal Kishore, Amritsar V/S Secretary to Government, Health & Family Welfare (H2) Department, Secretariat, Chennai & Others High Court of Judicature at Madras
27-02-2020 M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus Karmi Devi & Others High Court of Judicature at Madras
27-02-2020 Tvl. Trust Metal, Rep. by its Proprietrix Bhagwanti Devi Versus Assistant Commissioner (CT), Moore Market (South) Assessment Circle High Court of Judicature at Madras
26-02-2020 Devi Versus Narayanan @ Alagappan & Another Before the Madurai Bench of Madras High Court
25-02-2020 Shyam Sundar Dhal Versus Sharada Devi Bubna & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-02-2020 Gulli @ Nand Kishore Versus State of Uttar Pradesh High Court of Judicature at Allahabad
19-02-2020 M/s. GAIL (India) Limited, R.K. Puram, New Delhi Versus M/s. Arkay Energy(Rameswaram)Limited, Rep. by its President (Commercial and Legal) R. Jarard Kishore & Others High Court of Judicature at Madras
18-02-2020 Sujatha Devi Akondi & Others Versus M/s. Safeway InfraRep By Its Managing Partner Ivsn Raju, Hyderabad & Others National Consumer Disputes Redressal Commission NCDRC
18-02-2020 Golkonda Uma Devi Versus Enti Manjula & Others High Court of for the State of Telangana
18-02-2020 ITC Limited, Chennai, Rep. by its Constituted Attorney, V.M. Rajasekharan Versus Shree Devi Match Industries, Gudiyattam & Others High Court of Judicature at Madras
13-02-2020 Mala Devi Versus State of U.P. Thru Prin.Secy. Medical & Health Lko. & Others High Court of Judicature at Allahabad
12-02-2020 Kishore Singh & Others Versus State, Through P.P. High Court of Rajasthan Jodhpur Bench
11-02-2020 Ratna Devi Versus State of Haryana & Others High Court of Punjab and Haryana
06-02-2020 Manju Devi Versus State of Bihar High Court of Judicature at Patna
05-02-2020 Bharat Coking Coal Ltd. & Others Versus Shyam Kishore Singh Supreme Court of India
05-02-2020 Tarun Keshrichand Shah & Another Versus M/s. Kishore Engineering Company & Others High Court of Judicature at Bombay
04-02-2020 Kiran Devi Agrawal & Others Versus State of Chhattisgarh & Others High Court of Chhattisgarh
03-02-2020 A. Sakunthala Devi Versus The Registrar General, High Court, Madras & Another High Court of Judicature at Madras
31-01-2020 Sri Indla Kishore Kumar Versus State, rep. by the Deputy Supdt of Police Anti Corruption Bureau Kurnool District through Special Public Prosecutor for ACB Cases High Court of Judicature at Hyderabad High Court of Andhra Pradesh
30-01-2020 Vidya Devi & Another Versus The Union of India, Represented by the Secretary, To the Government of India, Ministry of Defence, New Delhi & Another Central Administrative Tribunal Guwahati Bench Guwahati
30-01-2020 Urmila Devi & Others Versus Branch Manager, National Insurance Company Ltd. & Another Supreme Court of India
28-01-2020 Shakuntala Devi Jan Kalyan Samiti Through Secy. & Others Versus State of U.P. Through Prin.Secy. Home Lucknow & Others High Court Of Judicature At Allahabad Lucknow Bench
28-01-2020 Kirpal Singh & Others Versus Kamla Devi & Others Supreme Court of India
28-01-2020 Kashmira Devi Versus State of Uttarakhand & Others Supreme Court of India
24-01-2020 Manokamini Devi Versus Ashok Kumar High Court Of Judicature At Allahabad Lucknow Bench
24-01-2020 Nawal Kishore Shaw Versus Manoj Shaw High Court of Jharkhand
23-01-2020 C. Sarojini Devi Versus The Director of Local Fund Audits, Chennai & Others High Court of Judicature at Madras
22-01-2020 K.S. Rema Devi, Accountant, Azhoor-Muttappalam Service Co-Operative Bank, Thiruvananthapuram Versus The Kerala Co-Operative Service Examination Board, Represented by Its Secretary, Thiruvannathapuram & Others High Court of Kerala
20-01-2020 Arvind Kishore Versus Neha Mathur High Court of Rajasthan Jodhpur Bench
20-01-2020 Sumitra Devi (Female) Versus State of Bihar & Others High Court of Judicature at Patna
20-01-2020 State of AP Versus Devi Engineering & Construction High Court of Andhra Pradesh
17-01-2020 Neelam Devi Versus State of Bihar Through Chief Secretary, Government of Bihar, Patna High Court of Judicature at Patna
17-01-2020 Shunti Devi Versus State of Jharkhand High Court of Jharkhand
16-01-2020 Guriya Devi Versus State of Bihar Through Chief Secretary, Government of Bihar, Patna High Court of Judicature at Patna
14-01-2020 Nand Kishore Choubey (died) & Others Versus Maniram & Others High Court of Chhattisgarh
14-01-2020 Bajaj Allianz General Ins. Co. Ltd. Versus Satya Devi & Others High Court of Jammu and Kashmir
14-01-2020 M/s. M.S. Shah Developers Pvt. Ltd., Maharashtra Versus Kishore Birbal Soni National Consumer Disputes Redressal Commission NCDRC
10-01-2020 In Goods of Late Sandhaya Devi Versus ----------- High Court of Judicature at Patna
09-01-2020 Deedar Devi Versus Jhabarmal Sheshma High Court of Rajasthan Jaipur Bench
08-01-2020 J. Nirmala Devi & Others Versus The Hindustan Petroleum Corporation Limited, Vijayawada-Dharmapuri Pipeline project, Rep., by its General Manager, Mumbai & Others High Court of Andhra Pradesh
08-01-2020 Vidya Devi Versus The State of Himachal Pradesh & Others Supreme Court of India
07-01-2020 Usha Devi Versus Bharat Petroleum Corporation Ltd. & Others High Court of Himachal Pradesh
07-01-2020 Air Force Naval Housing Board Versus Air CMDE B K Gandhi (Retd) National Consumer Disputes Redressal Commission NCDRC
07-01-2020 J.S. Sharma & Sons Versus Shiv Devi Meena High Court of Delhi
07-01-2020 Rajesh Sakuja Versus Asha Devi Chouhan & Others High Court of Chhattisgarh
06-01-2020 Union of India & Others Versus Munni Devi & Others High Court of Delhi
06-01-2020 The State of Tripura, represented by the Secretary (Revenue), Government of Tripura, Agartala & Others VersusBibhu Kumari Devi & Others High Court of Tripura
06-01-2020 Union of India & Others Versus Munni Devi & Others High Court of Delhi