Shanti Devi and Others vs R.N. Singh and Others

Bhawani Singh, C.J.—This appeal is directed against the award of Motor Accident Claims Tribunal, Satna in Claim Case No. 87 of 1993 dated 31.1.1997.

Accident took place on 12.12.1992 when Truck No. M.P. 19/0101 driven rashly and negligently by its driver hit deceased Devpal Singh, who died as a result thereof after 4/5 days in the hospital. Compensation of Rs. 19,20,000/- is claimed. Respondents have denied the accident and the liability for payment of compensation. However, Claims Tribunal holds that accident took place as alleged. Compensation of Rs. 76,800/- has been awarded with interest at the rate of 12% per annum.

Sole question for determination in this case is whether the claimants have been awarded just compensation. Mr. Samaiya, Counsel for appellants submits that the deceased possessed two acres of land and was taking land of others for cultivation on lease basis. Therefore, he was earning Rs. 36,000/- per annum. Smt. Amrit Ruprah disputes this submission and submits that in absence of positive evidence, whose land the deceased was cultivating, it cannot be said that the income of deceased was Rs. 36,000/- per annum. Therefore, compensation awarded by the Claims Tribunal is just and proper, calling for no interference by this Court.

Giving consideration to the matter, and looking to the nature of evidence, it is just and proper to assess compensation in this case on the basis of income of non-earning person. Therefore, annual income of the deceased is taken Rs. 15,000/-. After making deduction of 1/3rd towards personal expenditure, depedency comes to Rs. 10,000/- per annum, multiplied by 16, Rs. 1,60,000/-. Claimants are also entitled to Rs. 5,000/- towards consortium to the wife, Rs. 7,000/- for loss of expectancy of life, Rs. 2,500/- for loss to the estate, Rs. 2,000/-for funeral expenses and Rs. 5,000/- towards transport, treatment, diet, etc. till the death of deceased after 3/4 days of the accident, taking the compensation to Rs. 1,81,500/-.

Accordingly, the appeal is allowed and award modified. Claimants are held entitled to compensation of Rs. 1,81,500/- (Rupees one lac eighty-one thousand five hundred), holding owner and driver of offending vehicle jointly and severally liable, payable by the Oriental Insurance Company Limited, Satna with which the vehicle was insured. Enhanced compensation will carry interest at the rate of 9% (nine per cent) per annum from the date of application till payment.

Costs on parties.