Smt. Bhuri and Others vs Shankar Lal and Another

J.C. Verma, J.—This Misc. appeal has been filed by the appellant for enhancement of compensation against the order dated 23.2.1995 passed by Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Case No,. 930/ 1991 whereby the compensation of only Rs. 1,09,500/- has been awarded.

The facts of the case are that the claim application was filed by the claimants legal heirs of deceased Sitaram Yadav, who died in the accident on 7/8.6.1991 in midnight when he was going on motor cycle and was hit by truck No. RRZ 4845. After recording the evidence the Tribunal has awarded the compensation of Rs. 1,09,500/- only with interest at the rate of 12% per annum.

Learned Counsel for the claimants submits that the deceased was of the age of 35 years and he was doing the business of selling milk by collecting it from buffalo owners. When the accident was occurred, the milk drums were also loaded on the motor cycle. The Tribunal has not assessed the income of deceased properly as it has been assessed only Rs. 1,000/-. Therefore, the compensation as awarded is too less.

It is the contention of the appellant that it has come on record that the deceased was earning Rs. 4,000/- to 5,000/- per month from the agricultural income. There is no other evidence except the evidence of widow, which stands unrebutted. Mr. Tiwari relies on the judgment in case of Rukma Devi and Others Vs. Ramavtar and Others,

After hearing Counsel for the appellant, in my opinion, the Tribunal has not awarded the just amount and proper compensation to claimants and the same is required to be increased. When the deceased was selling milk his earning could not be less than Rs. 2,500/- per month. After deducting Rs. 500/- for expenses of motor cycle the income of deceased can be assessed to Rs. 2,000/- per month and the dependancy can be easily assessed to Rs. 1,300/- per month for maintaining his wife, minor children and mother. For the age of 35 of deceased the minimum multiplier could not be less than 16. As such the compensation is assessed to 1300 x 12 x 16 = Rs. 2,19,600/-. The widow is also entitled to receive Rs. 10,000/- towards consortium, instead of Rs. 5,000/- along with Rs. 2,000/- for funeral expenses, as awarded by the Tribunal As such the claimants are entitled to receive the compensation Rs. 2,61,600/- with the same rate of interest as has been awarded by the Tribunal. The amount of the compensation shall be paid by the Insurance Company within a period of two months, after adjusting the amount already paid. The compensation shall be paid according to the same proportion and direction as directed by Tribunal.

With the above direction the misc. appeal is partly allowed.