Hari Nath and Others vs Shanti Devi

Yatindra Singh & Shri Kant Tripathi, JJ.—Sri Ram Pyare Mishra (the Deceased) was working in D.L.W., Varanasi. He was going on a cycle on 18th October, 1985 from D.L.W. to his residence. He was hit at about 11.45 hours by truck No. UPZ 3899. In this incident, he received fatal injuries and died on the way to Hospital.

The widow of the Deceased (the claimant) filed the motor accident claim petition No. 26 of 1986. It was partly allowed by the Motor Accident Claims Tribunal/Additional District Judge, 4th, Varanasi (the Tribunal) on 22nd September, 2000 awarding a sum of Rs. 2,56,000/- alongwith 12% interest. The owners of the truck has filed the present appeal against the aforesaid award.

The claimant examined the following witnesses- Smt. Shanti Devi, P.W.1, the claimant, widow of the deceased; Dr. C.B. Tripathi, P.W.2, the doctor who conducted the autopsy; Gorakh Nath Sharma, P.W.3, a colleague of the deceased; Mahabali Tiwari, P.W.4, an eye witness of the incident; Rajendra Swaroop Verma, P.W.5, Superintendent of the office where the Deceased was working.

The appellants also examined Shri Chandrama Prasad DW-1.

Considering the evidence on record, the Tribunal recorded the following findings-

The accident took place because of the negligence of the driver of the truck;

The vehicle was not insured and the appellants were liable to pay compensation.

On the basis of the aforesaid findings, the claim petition was partly allowed on 22nd September, 2000 for Rs. 2,56,000/- with 12% interest from the date of filing the claim petition.

We have heard Sri Sharve Singh for the appellants and Sri Kartikaya Saran for the claimant.

THE DECISION

Sri Mahabali Tiwari (P.W.4) is the eye-witness of the incident. He has deposed that-

He was standing in the nearby betel shop, when the accident occurred;

The truck driver was driving the truck negligently and hit Sri Ram Pyare Mishra, who consequently died.

The appellants have examined Chandrama Prasad (DW-1). He deposed that-

The Deceased was driving cycle very fast;

He was not hit by the Truck;

He fell down himself.

In the cross-examination Sri Chandrama Prasad (DW-1) admitted that he worked in the factory that was a kilometer away and there were other pan shops in between. In our opinion, there was no reason for him to come to this pan shop to eat pan.

Considering the circumstances of the case, the Tribunal did not commit any illegality in placing reliance on the statement of Sri Mahabali Tiwari (PW-4) and holding that the negligence was of the Truck driver. However, there is some mistake in calculating the compensation.

The pay slip of the deceased is also on the record. It indicates that the date of birth of the deceased was 20th July, 1946. Service record of the deceased is also there. It indicates that the date of birth of the deceased was 2nd July, 1946. Irrespective of the dates, the age of the deceased on the date of the accident was less than 40 years.

The pay slip indicates that the net salary of the deceased was Rs. 1,012/-, the age of the deceased was less than 40 years. He was a Machinist working in DLW Varanasi. Keeping in view the principles of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, and taking in view the future prospects, compensation is to be calculated on 50% increase of the net salary, namely, Rs. 1,518/-.

In the Sarla Verma case, the multiplier of Trilok Chand''s case has been approved. In view of this, a multiplier of 15 is to be used.

In view of above, the family dependency would come out to Rs. 1,82,160/- (1,518 x 2 x 15 x 12 divided by 3). The widow is also entitled to Rs. 5,000/- for the loss of consortium, Rs. 2,500/- for loss of estate and Rs. 2,000/- for funeral expenses. Thus total amount comes to Rs. 1,91,660/-

Out of the aforesaid amount, the widow would be entitled to 50 % of the sum and remaining 50% would be equally distributed amongst the children as mentioned in the award of the Tribunal dated 22nd September, 2000.

CONCLUSION

In view of above, the appeal is partly allowed. The appellants are liable to pay only a sum of Rs. 1,91,660/- alongwith 12% interest as awarded by the Tribunal from the date of filing claim petition. The award of the Tribunal stands modified accordingly.

Appeal partly allowed.