SMT. PRERNA AND ANR. versus M.P. STATE ROAD TRANSPORT CORPORATION AND OTHERS

Citation: [1993] 1 S.C.R. 321 · Decided: 28-01-1993 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

SMT. PRERNA AND ANR. 
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v. 
M.P. STATE ROAD TRANSPORT CORPORATION AND OTHERS 
JANUARY 28, 1993 
[KULDIP SINGH' AND S. MOHAN, JJ.] 
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Motor Vehicles Act : 
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Accident resulting in death-Award of compensation-Depende11cy of 
claimants-Fixing of-Longevity, future increme11ts and loss of consor-
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tium--Consideration of-Higher multiplier-Adoption of-Enhancement of 
compensatio11 and rate of interest. 
The lmsband of the petitioner died in a road accident. His father, 
wife and minor daughter moved a petition before the Motor Accidents 
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Claim Tribunal claiming a compensation of Rs. 1,50,000. The tribunal 
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ordered· payment of Rs. 26,000 and apportioned the amount amongst the 
widow, minor daughter and father at Rs. 12,000, Rs. 10,000, and Rs. 4,000 
respectively. The Tribunal also ordered paymellt of interest @ 6% from 
the date of application. 
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The appeals filed by both the parties were dismissed by the High 
Court. However, it enhanced the interest from 6% to 9%. The widow and 
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minor daughter of the deceased preferred the present appeal against the 
judgment of the High Court. 
Allowing the appeal, this Court, 
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HELD : 1. There was no evidence before the tribunal to show that 
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the deceased was addicted to drinking. The tribunal fell into patent error 
in fixing the dependency of the claimants on the deceased to the extent of 
Rs. 150 per month on the ground that he was a drunkard and as such was 
spending more amount on himself than on his family. [3248-C] . 
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2. From the evidence on the record it can safely be concluded that 
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the deceased was spending Rs. 300 per month on bis family and running 
the house-hold. On the date of the accident, the deceased was 26 years of 
age. The father of the deceased wa> aged about 70 years in 1985 when the 
special leave petition was filed. Longevity in the family can, therefo<e, he 
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SUPREME COURT REPORTS 
(1993) 1 S.C.R. 
assumed. The tribunal did not give any allowance for the future Increments 
and promotional chances or the deceased. No compensation was awarded 
for the loss or consortium. Keeping in view all these facts and circumstan· 
ces it would be just and proper to allow 24 years multiplier, as against the 
multiplier or 17 adopted by the Tribunal. On this basis a sum or Rs. 86,000 
is awarded as compensation lo the three claimants. They shall also be 
entitled lo interest @ 12% from the date or application before the tribunal. 
Since the compensation is being enhanced by this Court after about lS 
years or the accident, there is no question of making any deductions on 
any score. The sum or Rs. 86,000 shall be apportioned by paying Rs. 40,000 
to the minor daughter, Rs. 30,000 to the widow or the deceased and Rs. 
16,000 lo the father of the deceased. [324E-HJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 278 of 
1993. 
From the Judgment and Order dated 9.10.1984 of the Madhya 
Pradesh High Court in Misc. Appeal No. 215 of 1982. 
Sushi! Kumar Jain for the Appellants. 
Rameshwar Nath, Ravinder Nath, (for Mis Rajinder Narain &. Co. 
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for the Respondents. 
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The following Order of the Court was delivered: 
KULDIP SINGH, J, Special leave granted. 
Padmakar More was going on a bicycle on September 9, 1978 when 
he was knocked down by a Bus owned by the respondent -corporation. He 
succumbed to the injuries on the spot. Narayan, father of Padmakar, 
Prerna his widow and Shweta a minor daughter moved a petition before 
the First Additional Motor Accidents Claim Tribunal, Indore claiming Rs. 
1,50,000 as compensation. The tribunal by its award dated April 27, 1982 
allowed the claim petition and ordered payment of Rs. 26,000 with interest 
at 6% from the date of the application. The tribunal further directed the 
said amount to be apportioned as Rs. 12,000, Rs. 10,000 and Rs. 4,000 
amongst the widow, minor daughter and the father respectively. The 
tribunal further directed that the share of the minor daughter be deposited 
in the State Bank of India, Indore in re-investment scheme, which shall be 
sMT. PRERNA v. S.R.T.C. [KULDIP SINGH, J.] 
323 
payable to her on attaining majority. The tribunal based its findings on the 
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following reasoning : 
'In view of foregoing discussion my finding is that the 
accident took place due to negligent driving of the motor 
bus by the N.A. No.2 and as a result of the said accident 
Padmakar sustained fatal injuries and succumbed to them 
on the spot. Issue No.3
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