State of U.P. vs Swaran Jeet Singh and Others

Dr. Satish Chandra, J.—Present appeal u/s 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and award dated 28th May, 1994 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 18 of 1992, whereby a compensation of Rs. 2,15,000/- alongwith interest 12% was awarded against the State. The brief facts of the case are that the deceased Smt. Paramjeet Kaur, aged about 40 years, was working as Stenographer in the Headquarter of U.P. Jal Nigam, Lucknow. On 1st August, 1991, the deceased was going with her husband on scooter number UHS 8199. She was a pillion rider, as the scooter was driven by her husband Sri Swaran Jeet Singh. When she reached near Hathi Park, Shahmina Road, Medical College Road, a PAC Truck No. U.P.-34 0791, coming from the opposite direction, hit the scooter. Its driver was trying to overtake a tempo. The couple has fallen down from the scooter. Later, both were taken to the Medical College, where it was declared that the Smt. Paramjeet Kaur was "brought dead". The dependents (husband and two minor children) have filed the claim petition before the Tribunal who after examining the entire evidence, awarded a compensation of Rs. 20,000/- to the husband; and Rs. 1,95,000/- in favour of the children alongwith interest @ 12%. Being aggrieved, the State has filed the present appeal.

With this backdrop, Sri Pramod Kumar, learned Counsel for the appellant has denied the accident. He submits that the accident was not occurred by the Truck in question. The road was slipping due to rain. So, it might be the case of slipping of scooter. On the road side, there was a motor workshop and a number of vehicles were parked. It is possible that the scooter might have colluded with any parked vehicle. He further submits that no P.A.C. Truck was involved in the accident in question. Lastly, he made a request that the impugned order may kindly be quashed.

On the other hand, Sri Vidyadhar Upadhyay, learned Counsel for the claimants-respondents relied on the impugned order.

We have heard both the parties at length and gone through the material available on record.

From the record it appears that an FIR was lodged at P.S. Chowk, Lucknow, where the Truck number was clearly mentioned. It also appears from the record that the driver Sri Swaminath Rai was going alongwith constable Sri Madhav Raj Singh for taking diesel. Later, Swaminath Rai submits that after accident, he had not gone for diesel and reached at the Police Station at about 15:15 hrs.

By looking the statement of the husband of the deceased and other witnesses, it is an undisputed fact that the accident was occurred due to negligent driving by the driver of the PAC Truck. FIR was also registered to this effect. Thus, we are of the view, that the accident was occurred due to negligent driving by the driver of the PAC Truck in question. Further, it appears from the record that the deceased was working as stenographer in U.P. Jal Nigam and aged about 40 years. She was getting a salary of Rs. 3,043/- per month and, as such, the Tribunal took Rs. 3,000/- per month in round figure for the purpose of computation. Being a salaried lady, half of the amount was deduced for her expenditure. Therefore, the Tribunal took Rs. 1500/- per month for the purpose of computation, which comes to Rs. 18,000/- per year. By looking the age, the multiplier of 10 was applied and Rs. 1,95,000/- was awarded as compensation in favour of the minor children. In addition to above, with regard to loss of consortium and loss of estate, Rs. 20,000/- was also awarded to the husband. Hence, the total compensation awarded by the Tribunal comes to Rs. 2,15,000/- which appears reasonable. However, the interest @ 12% is looking on higher side in the peculiar facts and circumstances of the case.

We are of the view that the interest can be awarded at the bank rate prevailing at the time of accident. Therefore, by keeping in mind the ratio laid down in the cases of Tejinder Singh Gujral v. Inderjit Singh and another, 2007 (1) T.A.C. 15 (S.C.) as well as National Insurance Co. Ltd. v. Keshav Bahadur and others, 2004 (2) T.A.C. 1 (S.C.), we allow the interest @ 9% per annum on the awarded amount in question. For this purpose, the impugned award of the Tribunal is modified to the extent that the rate of interest 12% is reduced to 9% on the awarded compensation from the date of filing of the petition before the Tribunal till date of payment. The amount, if any, deposited in this Court, shall be remitted to the concerned Tribunal within a period of four weeks alongwith lower Court record. In the result, appeal filed by the appellant is partly allowed, as stated above.