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1979 DIGILAW 204 (MP)

Kamini Devi Khanna v. Avdesh Kumar

1979-07-16

J.S.VERMA, M.L.MALIK

body1979
Short Note : 1. On 16-11-68 at about 7 p.m. a Vicky Moped driven by deceased S.P. Khanna was knocked down by another Motor Vehicle Pearl Yamah driven by Sachindra Bihari Sinha on the Piplani Road, Bhopal. These two motor vehicles were being driven in opposite directions conversing to each other when the collision took place. The said S.P. Khanna died on 22-11-68 as a result of the injuries sustained by him in the accident. A claim for compensation was filed by the widow and children of deceased S.P. Khanna against the owner of the motor vehicle Peral Yamah, namely Avdesh its driver Sachindra Bihari Sinha and the insurer the Oriental Fire and General Insurance Company. The Tribunal found that the accident occurred on account of the rash and negligent driving of Pearl Yamah by Sachindra Bihari Sinha. Accordingly, the claimants were held entitled compensation from the owner, driver and insurer of Pearl Yamah. The compensation was assessed at Rs. 23,061. Held : With regard to the quantum of damages, the learned counsel for the appellants contended that the claimants would be satisfied if the deduction of Rs. 20,000 made by the. Tribunal from the total amount of compensation assessed by it is set aside and the compensation awarded is increased by the sum of Rs. 20,000 only. According to him, such a deduction was unjustified and was not supported by law. It is therefore, not necessary to examine the question of quantum from any other angle. The deceased was an Assistant Engineer in the Heavy Electricals Ltd. at, Bhopal in the pay scale of Rs. 350-900 drawing the salary of Rs. 475 and dearness allowance of Rs. 164 i.e. in all Rs. 639 per month at the time of his death and was then aged 49 years. The Tribunal has taken into account the salary which he would have drawn in the normal course for the next years till his retirement at the age of 55 and calculated the total amount of Rs. 50,748. From this amount a deduction of Rs. 20,000 has been made on account of the payment of Provident Fund, Insurance and gratuity after his death. Deducing this sum of Rs. 20,000 the balance of Rs. 30,748 has been further reduced by 25% on account of lump-sum payment and on this basis the amount of Rs. 50,748. From this amount a deduction of Rs. 20,000 has been made on account of the payment of Provident Fund, Insurance and gratuity after his death. Deducing this sum of Rs. 20,000 the balance of Rs. 30,748 has been further reduced by 25% on account of lump-sum payment and on this basis the amount of Rs. 23061 has been computed as the total compensation payable to the in the above manner from the quantum of compensation must be restored. Vitakhapatnam Ex-servicemen Co-operative Motor Transport Society and another v. Subbavarapu Ramayamma and others, AIR 1976 Himanchal Pradesh 24 relied on. Appeal allowed.