LexLAXMIDHAR NAYAK AND ORS. versus JU GAL KISH ORE BEHERA AND ORS.
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A B c D E F G H [2017) l 1 S.C.R. 242 LAXMIDHAR NAYAK AND ORS. v. JU GAL KISH ORE BEHERA AND ORS. (Civil Appeal No. l 9X56 of 2017) NOVEMBER 28, 20 l 7 [RANJAN GOGOi AND R. BANUMATHI, JJ.J Motor Vehicles Act, 1988- Rash a11d negligent driving- Fatal accident - Head-on collision between bus and truck resulting in death of pedestrian - Victim-deceased aged 42 years was agricultural labourer - Tribunal determined monthly income of Rs.650 taking daily income as Rs.25 and after deducting Rs.250 towards her personal expenses awarded compensation <!l Rs. 706001- - High Court affirmed the award of compensation but reduced interest fivm 91Yo lo 7%- Instant appeal is filed by sons and daughter of the deceased seeking enhancement of compensation - Held: The wages assessed by tribunal for the daily labourer at Rs.251- per day and the month~v income al Rs.650/- is loo low - The reasoning of the tribunal that a lady labourer may not get engagement daily is not acceptable - Deceased being a woman and mother of three children, would have also contributed her physical labour for maintenance of household and also taking rnre of her children - Taking income fmm the agricultural labour work at Rs.3.0001- p.m. and Rs.1.5001- p.m. fiJr the housdwld wurk. the month~v income of the deceased is fixed at Rs.4.5001- p.111. deducting /!3rd/iJr personal expenses. contribution <if deceased toward> the family is calculated at Rs.3,0001- p.m. and Rs.36,000/- p.a. -As per the second schedule to the Motor Vehicles Act, 1988, for the age groups 40-45 yea1:5 inultiplier is "/ 5 ·· - .As per Sarla Verma tle1..:isio11 jUr the age groups 41-45 years. multiplier to be adopted is "14" - Therefore, the multiplier of "/ 2" adopted by the tribunal and the High Court is not correct-Adopting the multiplier of "/4" loss of dependency is call'llfated at Rs.5,04.0001- - Also, compensation <if Rs.15.0001- for loss of estate and Rs. I 5,(!001- for fi111eral expenses is awarded - Thus total compensation awarded to the claimants is enhanced lo Rs.5,34,0001- payable with interest at 1/1e rate of 7% p.a. 242 LAXMIDHAR NAYAK AND ORS. v. JUGAL KlSHORE 243 BEHERA AND ORS. Partly allowing the appeal, the Court A HELD: 1. PW-1 in his evidence stated that the victim- deeeased was earning Rs.35/- per day as wages out of the labour work. It is quite improbable that a labourer would be available for such a small amount of Rs.25/- per day. The reasoning of the tribunal that a lady labourer may not get engagement daily is not B acceptable. Even though works like cutting of paddy and other agricultural labour may not be available on all days throughout c the year, in rural areas other kinds of work arc a\'ltilablc for a labourer. Deceased even though was said to be earning only Rs.35/- per day at that time, over the years, she would have earned more. The High Court as well as the tribunal did not keep in view the contribution of the deceased· in the household work, being a labourer and also maintaining her husband, her daily income should be fixed at Rs.ISO/- per day and Rs.4,500/- per month. Deducting I/3rd for personal expenses, contribution of deceased towards the family is calculated at Rs.3,000/- per month D and Rs.36,UOO/c p.a. Deceased was aged 42 years. As per the second schedule to the Motor Vehicles Act, 1988, for the age groups 40-45 years mulliplicr is "15". As per Sarla Verma decision for the age groups 41-45 years mnltiplier to be adopted is "14". Hence, the multiplier of "12" adopted may not be correct. Adopting the multiplier of "14" loss of dependency is calculated at Rs. 5,04,000/- (3,000x12xl4). Further, compensation of Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses is awarded. Thus total compensation awarded to the claimants is enhanced to Rs.5,34,000/- payable with interest at the rate of 7% per annum. [Paras 6-9][245-D-H; 246-A-CJ Sar/a Venn" (Smt.) and Ors. v. Delhi Transport Corporation and Anr. (2009) 6 SCC 121 : [2009] 5 SCR 1098; National lnsumnce Company Limited v. Pranay Sethi and Ors. 2017 (13) SCALE 12 - relied on. [2009] 5 SCR 1098 2017 (13) SCALE 12 Case Law Reference relied on relied on Para 7 Para 8 E F G H 244 SUPREME COURT REPORTS (2017] I l S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 19856. B c D E F G H of2017. From the J udgmcnt and Order dated 27.01.2016 of the High Court of Orissa at Cuttack in MACA No. 8
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