Smt. Shobha vs Ambaram and Others

Shambhoo Singh, J.—This appeal is directed by the claimant against the award dated 30.1.2001 passed by the Fourth Member, M.A.C.T., Dewas, in Claim Case No. 18/2000 whereby the appellant was awarded compensation of Rs. 1,33,500/- with interest at the rate of 12 per cent per annum from the date of the claim application.

The facts of the case, in brief, are that on 2.11.1990 the deceased Dilip Sharma, the son of the appellant-claimant, was going on motor-cycle as pillion rider, driven by Ishwar Singh. When this motor cycle came near M.P.E.B. Grid, non-applicant No. 1 came from opposite side driving Tata Sumo vehicle bearing registration No. M.P. 09-S-3198, belonging to the respondent No. 2 and insured with the respondent No. 3, in rash and negligent manner and dashed against the motor cycle as a result of which Dilip Sharma sustained serious injuries. He was admitted in M.Y. Hospital and thereafter was shifted to T. Choitram Hospital where he died on 13.11.1999. The appellant filed claim case seeking compensation of Rs. 6,25,000/-. The claim was resisted. The respondent No. 3 inter alia pleaded that the accident occurred due to rash and negligent driving of the motor cycle. It was also averred that the respondent No. 1 had no valid licence, therefore, it was not liable to pay compensation. The learned trial Judge held that the accident occurred due to rash and negligent driving of Tata Sumo and awarded compensation of Rs. 1,33,500/-. Hence this appeal by the claimant-mother for enhancement of compensation amount.

Mr. Rajesh Lal, learned Counsel for the appellant, submitted that the learned trial Judge committed error in determining the dependency of the deceased at Rs. 500/- per month. He submitted that the earning of the deceased was Rs. 2,000/- per month, therefore, dependency ought to have been fixed atleast at Rs. 1,400/- per month. On the other hand, Mr. Baksi, learned Counsel for the respondent No. 3 supported the impugned award.

We considered the arguments advanced by learned Counsel for both sides and perused the record.

The learned trial Judge on the basis of evidence of Smt. Shobha Sharma, the mother of the deceased-Dilip Sharma, assessed the monthly income of the deceased at Rs. 2,000/- p.m. but the learned Member of the Tribunal assessed the dependency of the appellant, who is mother of the deceased at Rs. 500/-, on the ground that the deceased would have married and begotten children and under such circumstances he would have contributed only 1/4th of his salary i.e. Rs. 500/- to the appellant. There was no evidence on record about marriage of the deceased. No suggestion was made to the appellant under such circumstances on the basis of conjectures and surmises, dependency of the mother could not be determined at Rs. 500/- per month. Normally one-third of the earning of the deceased is deducted for personal expenses of the deceased and the balance is treated to be the dependency of the claimants. We do not find any cogent reasons for deviating from his practice. No doubt in case of marriage, the deceased would have been required to spend money on his wife and children but it has also to be remembered that in due course of time income of the deceased would have increased. Under such circumstances we deduct Rs. 1,000/- from the earning of the deceased and determine the dependency of the appellant at Rs. 1,000/- p.m. and yearly Rs. 12,000/-. Looking to the age of the appellant, the Tribunal applied multiplier of 12. By multiplying it with the multiplicand, the amount comes to (12000 x 12) Rs. 1,44,000/-. It has come in the evidence that the deceased died 11 days after the accident. He was treated in M.Y. Hospital and thereafter was shifted to T. Choitram Hospital. The Tribunal awarded Rs. 52,000/- for medical expenses. The Tribunal also awarded Rs. 5,000/r for loss of love and affection and Rs. 2,000/- for funeral expenses,. Thus, the appellant is entitled to (Rs. 1,44,000/- + Rs. 52,000/- + Rs. 5,000 + 2,000/-) Rs. 2,03,000/-.

In the result, the appeal is partly allowed. The impugned award is modified and it is directed that the respondents shall pay Rs. 2,03,000/- jointly and severally to the appellant with interest at the rate of 12% per annum from the date of filing of claim application till realisation. The enhanced amount shall be deposited in maximum interest paying scheme in nationalised bank for six years. There shall be no order as to costs.