Durgalal and Others vs Surajpal Singh and Others

K.C. Sharma, J.—Through this appeal u/s 173 of the Motor Vehicles Act, 1988, the appellant seeks to modify the award dated 30.9.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 38,400.

I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 4,38,600 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of drivers of both the vehicles, truck and the bus, awarded a compensation of Rs. 38,400.

On 21.9.1988, Truck No DIG 3279 and bus No. UHN 2715 collided with each other at Ajmer Road. In the accident few persons including deceased Tejmal died and few persons sustained injuries. The deceased was travelling in the bus belonging to U.P. State Road Transport Corporation. At the relevant time, he was stated to be engaged with one Bijhu Lal Godha, Contractor in Mohan Mekins Ltd. Gaziabad. The learned Tribunal having concluded that accident occurred due to contributory negligence of drivers passed the award in favour of the claimants as stated above.

The deceased aged 22 years was a married man. The Tribunal having assessed the income of deceased at Rs. 400 p.m. and applying the multiplier of 8 only has awarded a total claim of Rs. 38,400. Except this award as against loss of income of deceased to his dependents, namely, the wife and parents, the Tribunal has not awarded anything either against loss of consortium or against love and affection etc.

Having gone through the award, it is evident that the learned Tribunal in passing the award has taken into account the possibility of remarriage of the widow of deceased, keeping in view her age. In my considered view the learned Tribunal has fallen into serious error in passing the award merely on surmises and conjectures. It is surprising as to how judicial verdict could be based on mere possibilities. Otherwise also, there was not an iota of evidence to show that wife has remarried. It may be taken note of that there was no evidence even to suggest that the widow was likely to marry in near future. In this view of the matter, the Tribunal must have applied not only the appropriate multiplier in accordance with the schedule attached to the Act, but must have awarded compensation under other heads also.

Without entering into the question as to the grant of compensation under different heads, I feel ends of justice would be met if suitable compensation in lump sum is awarded to the claimants. In Shanti Bai and Others Vs. Charan Singh and Others, a labourer aged 18 years lost his life in fatal accident. The Tribunal in that case awarded a claim of Rs. 40,000 only and the High Court dismissed the appeal of the claimants. The Apex Court considering the future economic prospects of the deceased and taking a reasonable view of the amount which the deceased would have earned, had he survived, raised the amount of compensation to Rs. 1,50,000.

Relying on the aforesaid decision of the Apex Court and taking a reasonable view of the amount which the deceased aged 22 years at the time of accident would have earned, had he survived and further considering his future economic prospects, I consider it just and proper to enhance the award to a lump sum amount of Rs. 1,50,000. Meaning thereby, the appellants will be entitled to an additional amount of Rs. 1,11,600 as Rs. 38,400 have already been awarded by the Tribunal. This additional amount of Rs. 1,11,600 shall be deposited by the respondents before the Tribunal within two months from, today. The claimants shall be entitled to get interest at the rate of 6% p.a. On the aforesaid enhanced sum with effect from date of application till realisation. On depositing the aforesaid sum along with interest, the Tribunal shall disburse the same among the claimants.