Case: Jitendra Khimshankar Trivedi  Vs. Kasam Daud Kumbhar

appeal. As against the award passed by the tribunal when the claimants have not filed any appeal, the question arises whether the income of the deceased could be increased and compensation could be enhanced. In terms of Section 168 of the Motor Vehicles Act, the courts/tribunals are to pass awards determining the amount of compensation as to be fair and reasonable and accepted by the legal standards. The power of the courts in awarding reasonable compensation was emphasized by this Court in Nagappa vs. Gurudayal Singh & Ors. [(2003) 2 SCC 274] , Oriental Insurance Company Ltd. vs. Mohd. Nasir & Anr. [(2009) 6 SCC 280] , and Ningamma & Anr. vs. United India Insurance Company Ltd. [(2009) 13 SCC 710] . As against the award passed by the tribunal even though the claimants have not filed any appeal, as it is obligatory on the part of courts/tribunals to award just and reasonable compensation, it is appropriate to increase the compensation. 14. In order to award just and reasonable compensation income of the deceased is taken as Rs.3000/- per month. Deducting 1/3rd for personal expenses contribution of the deceased and the family is calculated at Rs.2,000/- per month. At the time of her death deceased Jayvantiben was aged about 22 years, proper multiplier to be adopted is 18. Adopting multiplier of 18, total loss of dependency is calculated at Rs.4,32,000/- (Rs.2000 x 12 x 18). With respect to the award of compensation under conventional heads, tribunal has awarded Rs.5,000/- towards loss of estate and Rs.3,000/- towards funeral expenses totaling Rs.8,000/-. The High Court has awarded conventional damages of Rs.15,000/- i.e. Rs.10,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. The courts below have not awarded any compensation towards loss of consortium and towards love and affection. In Rajesh & Ors. vs. Rajbir Singh & Ors. [(2013) 9 SCC 54] , and Jiju Kuruvila & Ors. vs. Kunjujamma Mohan & Ors. [(2013) 9 SCC 166] , this Court has awarded substantial amount of Rs.1,00,000/- towards loss of consortium and Rs.1,00,000/- towards loss of love and affection. Following the same, in the case in hand, Rs.1,00,000/- is awarded towards loss of consortium and Rs.1,00,000/- towards loss of love and affection to the minor children. Towards loss of estate and funeral expenses, award of compensation of Rs.15,000/- awarded by the High Court is maintained. Thus, the claimants are entitled to a total compensation of Rs.6,47,000/-. 15. As against the award passed by the tribunal even though the claimants have not preferred any appeal and even though the claimants have then prayed for compensation of Rs.2,96,480/-, for doing complete justice to the parties, exercising jurisdiction under Article 142 of the Constitution of India, we deem it appropriate to award enhanced compensation of Rs. 6,47,000/ to the claimants. 16. In situation of this nature, for doing complete justice to the parties, this Court has always exercised the jurisdiction under Article 142 of the Constitution of India. In Oriental Insurance Company Limited vs. Brij Mohan and Ors., [(2007) 7 SCC 56] this Court held as under:- "13.However, Respondent 1 is a poor labourer. He had suffered grievous injuries. He had become disabled to a great extent. The amount of compensation awarded in his favour appears to be on a lower side. In the aforementioned situation, although we reject the other contentions of Ms Indu Malhotra, we are inclined to exercise our extraordinary jurisdiction under Article 142 of the Constitution of India so as to direct that the award may be satisfied by the appellant but it would be entitled to realise the same from the owner of the tractor and the trolley wherefor it would not be necessary for it to initiate any separate proceedings for recovery of the amount as provided for under the Motor Vehicles Act. 14. It is well settled that in a situation of this nature this Court in exercise of its jurisdiction under Article 142 of the Constitution of India read with Article 136 thereof can issue suit directions for doing complete justice to the parties". In Deddappa & Ors. vs. Branch Manager, National Insurance Company Limited, [(2008) 2 SCC 595] it was observed as under:- "26. However, as the appellant hails from the lowest strata of society, we are of the opinion that in a case of this nature, we should, in exercise of our extraordinary jurisdiction under Article 142 of the Constitution of India, direct Respondent 1 to pay the amount of claim to the appellants herein and recover the same from the owner of the vehicle viz. Respondent 2, particularly in view of the fact that no appeal was preferred by him. We direct accordingly". 17. The next question falling for our consideration is the rate of interest to be awarded. The tribunal has awarded interest at the rate of 15 per cent which was reduced to 12 per cent by the High Court. The rate of interest awarded by both the courts is on higher side. In Amresh Kumari vs. Niranjan Lal Jagdish Prasad Jain & Ors. [2010) ACJ 551] and Mohinder Kaur & Ors. vs. Hira Nand Sindhi (Ghoriwala) and Anr. [(2007) ACJ 2123], this Court has awarded the compensation amount payable to the claimants with interest at the rate of 9 per cent. 18. The compensation reduced by the High Court from Rs.2,24,000/- to Rs.2,09,400/- is enhanced to Rs.6,47,000/-. The quantum of compensation claimed is Rs.2,96,480/- i.e. payable with interest at the rate of 9 per cent from the date of the filing of the claim petition till the date of payment. So far as the enhanced compensation of Rs.3,50,520/- is payable with interest at the rate of 9 per cent from the date of filing of the special leave petition till the date of realization. The enhanced compensation of Rs.3,50,520/- alongwith accrued interest shall be equally divided between the appellants No.1 and 4 Jitendra Khimshankar Trivedi, Ku. Preeti Jitendra Trivedi (husband and daughter respectively of the deceased- Jayvantiben Jitendra Khimshankar) in equal share.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]8. Admittedly, claimants adduced only oral testimony of the witnesses to substantiate their claim that deceased was self-employed and was earning Rs.900/- per month. Smt. Godavariben Khimshankar Trivedi-mother-in-law and Shri Khimshankar Raguram Trivedi, father-in-law have deposed to the effect that deceased at the time of accident was doing tailoring, embroidery and knitting and was earning Rs.900/- per month. They further deposed that their daughters were also doing the same work as the deceased Jayvantiben Jitendra Trivedi was then doing and that their daughters were earning Rs.3,000/- per month and had the deceased been alive, she would have also earned Rs.3,000/- per monthThough in their cross-examination, Smt. Godavariben Khimshankar Trivedi and Khimshankar Raguram Trivedi deposed that they did not keep voucher and account books, reasoning of the tribunal that the embroidery and tailoring work is doing well in the district of Kachchh and that the deceased would have earned not less than Rs.1,500/- per month is well merited. It is to be pointed out that the respondents have not adduced any evidence to prove that the deceased was not doing any embroidery or tailoring work or the like. While so, in the light of the factual findings recorded by the tribunal, High Court was not justified in reducing the income of the deceased to Rs.1,350/- per month from Rs.1,500/-14. In order to award just and reasonable compensation income of the deceased is taken as Rs.3000/- per month. Deducting 1/3rd for personal expenses contribution of the deceased and the family is calculated at Rs.2,000/- per month. At the time of her death deceased Jayvantiben was aged about 22 years, proper multiplier to be adopted is 18. Adopting multiplier of 18, total loss of dependency is calculated at Rs.4,32,000/- (Rs.2000 x 12 x 18). With respect to the award of compensation under conventional heads, tribunal has awarded Rs.5,000/- towards loss of estate and Rs.3,000/- towards funeral expenses totaling Rs.8,000/-. The High Court has awarded conventional damages of Rs.15,000/- i.e. Rs.10,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. The courts below have not awarded any compensation towards loss of consortium and towards love and affection. In Rajesh & Ors. vs. Rajbir Singh & Ors. [(2013) 9 SCC 54] , and Jiju Kuruvila & Ors. vs. Kunjujamma Mohan & Ors. [(2013) 9 SCC 166] , this Court has awarded substantial amount of Rs.1,00,000/- towards loss of consortium and Rs.1,00,000/- towards loss of love and affection. Following the same, in the case in hand, Rs.1,00,000/- is awarded towards loss of consortium and Rs.1,00,000/- towards loss of love and affection to the minor children. Towards loss of estate and funeral expenses, award of compensation of Rs.15,000/- awarded by the High Court is maintained. Thus, the claimants are entitled to a total compensation of Rs.6,47,000/-15. As against the award passed by the tribunal even though the claimants have not preferred any appeal and even though the claimants have then prayed for compensation of Rs.2,96,480/-, for doing complete justice to the parties, exercising jurisdiction under Article 142 of the Constitution of India, we deem it appropriate to award enhanced compensation of Rs. 6,47,000/ to the claimants18. The compensation reduced by the High Court from Rs.2,24,000/- to Rs.2,09,400/- is enhanced to Rs.6,47,000/-. The quantum of compensation claimed is Rs.2,96,480/- i.e. payable with interest at the rate of 9 per cent from the date of the filing of the claim petition till the date of payment. So far as the enhanced compensation of Rs.3,50,520/- is payable with interest at the rate of 9 per cent from the date of filing of the special leave petition till the date of realization. The enhanced compensation of Rs.3,50,520/- alongwith accrued interest shall be equally divided between the appellants No.1 and 4 Jitendra Khimshankar Trivedi, Ku. Preeti Jitendra Trivedi (husband and daughter respectively of the deceased- Jayvantiben Jitendra Khimshankar) in equal share.