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1985 DIGILAW 126 (RAJ)

RAJASTHAN STATE ROAD TRANSPORT CORPORATION v. BHAGWANI

1985-02-14

D.P.GUPTA, S.N.BHARGAVA

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JUDGMENT : 1. These two appeals arise out of an order passed by the learned single Judge, dated 12th September, 1984 disposing of two appeals filed by Rajasthan State Road Transport Corporation in Motor Accident Claims cases relating to the same accident. 2. The accident in question took place on 4.11.77, Bhagwana Ram, aged 29 years and Jessa Ram, aged 21 years died as a result of the accident. Both Bhagwana Ram and Jessa Ram were driving camel-carts which met with an accident with the bus belonging to the Corporation and both Bhagwana Ram and Jessa Ram were injured and succumbed to the injuries. Claim petitions were filed by the legal representatives of Bhagwana Ram and Jessa Ram on 17.3.78 before the Motor Accidents Claims Tribunal, Sikar. The Tribunal, by its award dated August 9, 1979, awarded a sum of Rs. 20,500/- in the case of Bhagwana Ram and Rs. 11,500/- in the case of Jessa Ram. It may be observed here that Bhagwani, widow and Mannu, mother of Bhagwana Ram were the claimants in the claim petition filed in respect of compensation relating to the death of Bhagwana Ram. In the case of Jessa Ram, his mother Patasi, aged 40 years was the sole claimant, the widow of Jessa Ram having remarried. 3. The learned single Judge, allowed the appeals filed by the claimants in both the cases against the award passed by the Motor Accidents Claims Tribunal, Sikar and in the case of the legal representatives of Bhagwana Ram the amount of compensation was enhanced to Rs. 92,500/- while in the case of Patasi, mother of deceased Jessa Ram, the compensation awarded by the Tribunal was enhanced to Rs. 70,000/-. 4. The Corporation has filed the appeals in both the claim cases arising out of the death of deceased Bhagwana Ram and Jessa Ram. The only argument advanced by the learned Counsel appearing for the Corporation before us is that the amount of compensation awarded by the learned single Judge, was excessive and the basis of life expectancy upto age of 70 years applied by the learned single Judge, was not proper. 5. It is in evidence which has been accepted by both courts below that Bhagwana Ram and Jessa Ram, used to drive their camel-carts and almost earn Rs. 5. It is in evidence which has been accepted by both courts below that Bhagwana Ram and Jessa Ram, used to drive their camel-carts and almost earn Rs. 20/- per day and it is possible that they did not work for all the 30 days in a month or they did not get the work for the entire period every month. 25% was, therefore, deducted from the average monthly income of Rs. 600/- in lieu of not getting regular work. Thus, the monthly income of each one of the deceased Bhagwana Ram and Jessa Ram, may be considered to be Rs. 450/- per month, out of which 1/3 amount might have been spent for the feeding of the camel. If out of remaining Rs. 300/- per month, the deceased spent Rs. 100/- per month on themselves the value of the estate would come to Rs. 200 12 = Rs. 2,400/- per year. Now it is not disputed that Bhagwana Ram was 29 years of age at the time of death and he left his widow of 25 years and mother aged 50 years. As Bhagwana Ram, died in his youth a multiplier of 20 will be proper to apply in his case. Jessa Ram was only 20 years of age at the time of his death and a higher multiplier could have been applied in his case, but looking to the fact that the claimant in his case is only his mother, Patasi, aged 40 years., whose life expectancy may be considered upto 60 or 65 years, a multiplier of 20 would be proper in his case also taking into consideration the fact of lump sum payment. Thus, in each of the two appeals the value of the estate of the deceased being considered to be Rs. 2,400/- per year and applying a multiplier of 20 in our view, a sum of Rs. 48,000/- ought to have been awarded by way of compensation to the heirs of Bhagwana Ram and Jessa Ram. The Tribunal, as well as the learned single Judge, have allowed in both the cases a sum of Rs. 2,500/- each for loss of camel and damage to the cart. Adding the aforesaid amount to the amount of compensation arrived at above, the claimants in each case are entitled to get Rs. The Tribunal, as well as the learned single Judge, have allowed in both the cases a sum of Rs. 2,500/- each for loss of camel and damage to the cart. Adding the aforesaid amount to the amount of compensation arrived at above, the claimants in each case are entitled to get Rs. 50,500/- plus interest at the rate of 6% per annum from 17.3.78, the date of presentation of the claim petition. In the claim petition filed by the legal representatives of Bhagwana Ram, his widow Bhagwani and mother Mannu, would share equally the amount of compensation as awarded above. The Corporation shall make the payment of the amount of compensation to the claimants in each case within 3 months, failing which the Corporation would have to pay interest at the rate of 12% per annum from the date of default until the date of realisation. 6. In the result, both the appeals are partly allowed, the order passed by the learned single Judge, dated September 12,1984, is modified to the extent indicated above. 7. Parties are left to bear their own costs.