Smt. Usha Sahu and Another vs Jaswinder Singh and Another

Bhawani Singh, C.J.

1.This appeal arises out of award dated March 9, 1999 passed by Motor Accident Claims Tribunal, Jabalpur in M.V.C. No. 48/1997.

Accident took place on 14-2-1997 at Check-Post, Ranjhi (Jabalpur) when Truck No. HYQ 9365 driven rashly and negligently by Chandrabhan (Driver) hit cycle of Munna Lal (deceased). As a result of this accident, Munna Lal (42) died. The truck was owned by respondent 1 and insured with respondent 2. Compensation of Rs. 9,98,000.00 has been claimed by claimants (appellants) for the death of deceased Munna Lal who was husband and father of appellant Nos. 1 and 2 respectively. Driver died during pendency of proceedings, therefore, his name has been deleted from the case. Surviving respondents have stated that deceased was driving the cycle recklessly after taking liquor and fell down after being hit by other vehicles in the crowd. The truck was being driven carefully and cautiously and accident did not take place with the truck. A false case has been filed against Driver of the truck, otherwise accident had taken place due to the fault of deceased. Chandrabhan (driver) did not possess valid driving licence, therefore, respondents are not liable to pay compensation and claim be dismissed.

Claims Tribunal framed five issues, recorded evidence and came to the conclusion that accident took place as alleged. Deceased died in this accident. The truck was insured with the Oriental Insurance Company Limited. The allegation that driver did not possess valid driving licence has remained unsubstantiated. Ultimately, joint and several liability to pay compensation has been fastened on insurer and insured for Rs. 1,84,800.00 carrying interest at the rate of 12% per annum. Claimants are not satisfied with this award.

Shri A.P. Singh, learned counsel for appellants contends that Claims Tribunal has faulted in assessing just compensation by wrong application of multiplier and in calculating the income of deceased. Precisely, submission is that the deceased was Class IV employee earning Rs. 3791.00 per month and proper multiplier in this case should be 15 instead of 12 applied by Claims Tribunal. Assuming that bonus and overtime do not form part of the income of deceased, still he was earning Rs. 2851.00 per month.

Giving our consideration to the matter, it can be said that the deceased was earning Rs. 2851.00 per month. After deduction of Rs. 1263.00 towards personal expenditure, monthly dependency comes to Rs. 1588.00 and annual Rs. 19,056.00. Proper multiplier in this case is 15. This way, the compensation figure comes to Rs. 2,85,840.00. In addition, appellants (claimants) shall be entitled to compensation of Rs. 19,500.00 towards consortium (Rs. 5000.09), loss of expectancy of life (Rs. 10,000.00), loss to the estate (Rs. 2,500.00) and funeral expenses (Rs. 2,000.00), taking total amount of compensation to Rs. 3,05,240.00. Enhanced compensation will carry interest at the rate of 9% (nine per cent) per annum.

Appeal is disposed of in terms aforesaid, leaving the parties to bear their own costs.