Krishna Kumari and Others vs Bhola Ram and Others

S.B. Wad, J.—F.A.O. 34 of 1972 is filed by the claimants for enhancement of compensation. The Motor Accidents Claims Tribunal had awarded Rs. 19.200/- while the claimants had asked for Rs. 80,000/- as compensation. F.A.O. 55 of 1972 is filed by the insurance company and the owner of the vehicle.

Mr. Ishwar Chand died in an accident on 8.2.1968 caused by bus number DLP 3175. The deceased was going on a cycle towards his office at old Rohtak Road from Sarai Rohilla side towards Chandni Chowk. The said bus going towards chowk Sarai Rohilla hit the cyclist. The driver of the bus did not stop the bus but ran away. An F.I.R. was lodged and the site plan was prepared by the police. This was produced in the evidence. The driver of the bus was prosecuted and was convicted u/s 304-A of the Indian Penal Code. PWs 5 and 6 are eye-witnesses. They saw the bus running at 30 to 40 miles an hour and knocking down the cyclist. I am taken through the evidence of these eye-witnesses and I find them trustworthy. No evidence was led by the Respondents. PW 11, Dr. Vishnu Kumar, who conducted the post-mortem, found that there were fractures of the scalp on the left side and also on the base of scalp with subrachnoid and subdural haemorrhages. The death took place because of these injuries. On considering the evidence on record, I agree with the Tribunal that bus No. DLP 3175 was guilty pf criminal negligence and causing death of Ishwar Chand. The First Appeal No. 55 of 1972 is, therefore, dismissed.

The deceased was 24 years old at the time of the death. He was working as a class IV employee in the Posts and Telegraphs Department. His age of retirement was 60. The counsel for the claimants has moved an application (C.M. 3159 of 1984 under Order 41, Rule 27, Code of Civil Procedure) for consideration of the subsequent rise in the salary due to Third Pay Commission and other revisions in pay scales. He has stated that with the Third Pay Commissions Report from 1.1.1973 the deceased would have been drawing Rs. 241/- as a salary upto 1.1.1980. Then from 1.1.1980 to 1.1.1984 he would have drawn a salary of Rs. 420.20 per month and thereafter the salary of Rs. 637.50 per month. The deceased would have retired in the year 2004. On the basis of this calculation the claimants would be entitled to Rs. 1,23,377.60 towards the compensation. The application is not opposed and the same is allowed. Along with the application the claimants have filed a detailed statement of the rise in the salary and allowances from time to time. The Respondents have not opposed the said statement also. On the basis of this salary the deceased would have earned a sum of Rs. 1.23,377.60 till his retirement. However, considering the fact that he would have made some expenses on his personal account the original claim of the claimants at Rs. 80,000/- is quite reasonable. In granting this enhanced amount of compensation I have not considered the future chances of promotion of the deceased who was only 24 years but have only taken into account the natural rise in the salary and allowances which came for all the Government servants as a result of revision of pay scales and allowances. The claimants are therefore, entitled to compensation of Rs. 80.000/-. They are also entitled to 6 per cent simple interest from the date of application to the date of payment. If any amount has already been paid to the claimants the credit should be given for the said amount and the interest thereon. The Premier Insurance Company Ltd., which is stated to have now been merged into New India Assurance Company, is liable to make the payment of compensation. The vehicle was insured with the insurance company. No policy has been produced. The liability of the insurance company is, therefore, unlimited.

For the reasons stated above, F.A.O. 34 of 1972 is allowed. The said insurance company will deposit a cheque for the aforesaid amount with interest with the Registrar of this Court within two months from today. The Registrar will disburse the amount to the claimants, after proper notice to the claimants.