Rafique and Another vs M.P. State Road Transport Corporation and Another

Bhawani Singh, C.J.—This appeal is directed against the award of the Motor Accident Claims Tribunal, Sagar, in Claim Case No. 35/97, dated March 31, 1999.

The claimants are father and brother of deceased Mohd. Sharif Ali alias Shafique. The deceased was car Mechanic-cum-Car Driver. The accident took place on 18-6-1997 when he was going from Mawai-Piparia at 6 a.m. in the car after collecting passengers. When he reached Rajmarg Chouraha, Sagar Road, at 11 a.m., M.P. State Road Transport Corporation''s bus, bearing No. MP-09-D/0398, driven rashly and negligently by driver-Gaffoor (respondent No. 2), dashed against the car with great impact that the car went of the road into field. Shaif Ali alias Shafique died on the spot, while passengers sustained injuries. FIR was lodged at the Police Station, Suatala and case was registered under Sections 279, 337, 338 and 304A of IPC against the respondent No. 2/Gaffoor (driver of MPSRTC Bus).

The claimants submit that the deceased was earning Rs. 4,000/- per month by driving the car and being mechanic of the car. He was young and healthy, therefore, he was earning this amount and could earn more in later years. Compensation of Rs. 20,58,000/- is claimed.

The respondents submit that the deceased Shaif Ali alias Shafique was driving the car rashly and negligently. The accident took place while saving bullock-cart and brought the bus to hault and the car dashed against it.

The Claims Tribunal comes to the conclusion that accident took place as alleged. The deceased Shaif Ali alias Shafique died in this accident. Therefore, the claimants are entitled to compensation of Rs. 1,22,000/- carrying interest at the rate of 12% per annum.

Through this appeal, award has been challenged by the claimants. They seek more compensation alleging that the Claims Tribunal has not awarded just compensation after taking into consideration income of the deceased, his age and multiplier applicable in this case. With regard to accident, there can be no dispute since evidence clearly suggests that the bus driver was rash and negligent in driving the vehicle, otherwise accident would not have taken place. Suggestion that bus was haulted for avoiding the accident and the car hit the stationary bus, cannot be accepted, in view of clear evidence pointing out his actionable conduct for causing the accident.

The next question is whether just compensation has been paid to the claimants for death of the deceased. We are not satisfied with the finding of the Claims Tribunal on this question for the reason that the Claims Tribunal was not calculated the compensation after taking into consideration exact income of the deceased, his age and the multiplier. From the evidence, it is clear that the deceased was driver and mechanic of car. He was using this car for carrying passengers thereby earn Rs. 3,000/- to Rs. 4,000/- per month. Of course, he was not maintaining work-shop for car repairs, he was using the car as a taxi, it can be taken that he may be earning Rs. 100/- a day and Rs. 3,000/-per month. Out of it, he must be spent 173rd on himself and leaving 2/3rd for family to survive. At this stage, proper multiplier is 17. Therefore, we award compensation of (Rs. 2,000 x 12 x 17) Rs. 4,08,000/- to the claimants. That apart, the claimants shall also be entitled to Rs. 10,000/- for loss of expectancy of life, Rs. 2,500/- for loss to estate and Rs. 2,000/- for funeral expenses. Therefore, the claimants are entitled to Rs. 4,22,500/-. The enhanced compensation will carry interest at the rate of 9% per annum from the date of application till payment.