U.P. State Road Transport Corporation vs Phool Chand and Others

S.P. Srivastava, J.

Heard the learned Counsel for the appellant.

The appellant feels aggrieved by the award of an amount of Rs. 2,80,000/- as compensation to the claimants on account of the untimely death of Sri Ramoo, aged about 36 years in the accident involving the offending motor vehicle, a Roadways Bus.

The claimants had come up with the case that on 27.3.2001 at about 6.30 p.m. while Sri Ramoo was going on a Motor Cycle, the offending Bus, which was being driven rashly and negligently, dashed the said Motor Cycle causing his instantaneous death.

The learned Counsel for the insurer appellant has urged that taking into consideration the age of the deceased, the amount of compensation awarded by the Tribunal is excessive.

In this connection, it may be noticed that Ramoo died in the said accident leaving behind his old parents, his wife and five minor children. The Tribunal proceeded to assess the income of the deceased as Rs. 2,000/- per month. The multiplier of 16 was rightly applied. Thus, the Tribunal rightly awarded a sum of Rs. 2,43,000/- (after deducting 1/3rd amount) as just compensation and apart from that awarded the amount of Rs. 2,000/- towards funeral expenses, Rs. 15,000/- for loss of consortium to wife, Rs. 12,000/- for deprivation of love and affection of children, and Rs. 10,000/- towards mental agony and the same cannot be said to be excessive.

The Tribunal after carefully considering the evidence and the materials as brought on record, has come to the conclusion that the injuries, which had resulted in the instantaneous death of the deceased, were caused due to the rash and negligent driving of the offending vehicle.

The learned Counsel for the appellant has tried to assail the findings of the Tribunal returned against it but has not been able to demonstrate that the findings can be taken to be suffering from any such legal infirmity which may justify an interference therein.

Taking into consideration the totality of the circumstances as brought on record, this appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine.

As prayed, the amount of Rs. 25,000/- deposited in this Court by the insurer appellant u/s 173 of the Motor Vehicles Act be remitted to the Motor Accident Claims Tribunal concerned so that it may be disbursed to the claimant.