Uma Devi and Others vs Balwant Singh (Koli) and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 5,95,690/- awarded for the death of Shiv Kumar @ Tuntun, who died in an accident which occurred on 03.02.2007. In the absence of any Appeal by the owner or the Insurer, the finding on negligence has become final between the parties.

The deceased was a truck driver and he died in an accident while driving tempo No. LPT TATA 709 bearing registration No. HR 38L 6129. During enquiry before the Claims Tribunal it was claimed that the deceased was working as a driver and was getting a salary of Rs. 6,000/- per month apart from the diet money and bonus. The Claims Tribunal declined to believe the Appellant''s case on the ground that the salary was not specifically proved. Thus, the Claims Tribunal took the minimum wages of a skilled worker, deducted 1/4 towards personal and living expenses, adopted multiplier of 15 to compute the loss of dependency as Rs. 5,25,690/-.

It is urged by the Learned Counsel for the Appellants that from affidavit Ex. PW-3/A of Surender Singh (who entered the witness box as PW-3) and testimony of PW-2 Gulab Singh it was established that the deceased was getting a salary of Rs. 6000/- per month. The Claims Tribunal erred in not believing the testimony of these two witnesses.

PW-2 Gulab Singh testified that the Tata-709 Tempo was owned by Surender Singh and it was attached to his transport business. One driver Shiv Kumar (deceased) was posted on the tempo. He was getting a salary of Rs. 6,000/- per month. In cross-examination the witness deposed that the salary to Shiv Kumar was not being paid by him. Obviously, the salary would be paid by the owner of the tempo i.e. PW-3. PW-3 Surender Singh placed on record a certificate Ex. PW-3/B to the effect that the deceased was being paid salary @ Rs. 6000/- per month. In his affidavit Ex. PW-3/A he testified to this effect. In cross-examination the witness denied the suggestion that he was not paying the salary @ Rs. 6000/- per month.

It is important to note that Surender Singh (PW-3) owned just one truck. The accident took place when the deceased was driving this very truck (tempo). No suggestion was given to PW-3 that the deceased was not employed on this vehicle. In the absence of any rebuttal, the Claims Tribunal ought to have accepted the deceased''s salary to be Rs. 6000/- per month. Otherwise also, considering the fact that the accident occurred in the year 2007 it would be reasonable to assume the salary of a truck/tempo driver to be about Rs. 6,000/- per month. The compensation is recomputed as under:-

Loss of Dependency

Rs. 8,10,000/- ( Rs. 6000x3/4x12x15)

Loss of Love & Affection

Rs. 25,000/-

Loss of Consortium

Rs. 10,000/-

Loss to Estate

Rs. 10,000/-

Funeral Expenses

Rs. 10,000/-

Total

Rs. 8,65,000/-

The overall compensation is enhanced from Rs. 5,95,690/- to Rs. 8,65,000/-. The enhanced compensation of Rs. 2,69,310/- shall carry interest @7.5% per annum from the date of filing of the petition till 31.12.2009 and then @9% per annum w.e.f. 01.01.2010 till the date of deposit of the enhanced amount in this Court. 55% of the enhanced compensation along with proportionate interest shall be disbursed in favour of Appellant No. 1 and rest 15% each shall be given to Appellants No. 2 to 4 along with proportionate interest.

The Respondent No. 3 is directed to deposit the compensation with the Registrar General of this Court within six weeks from today.

Statutory amount shall also be refunded.

The Appeal is allowed in above terms. Dasti to the counsel for Respondent No. 3.