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1994 DIGILAW 392 (MP)

Baddibai And Ors. v. Balvindra Singh And Ors.

1994-05-11

R.D.SHUKLA, R.VYAS

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JUDGMENT R.D. Shukla, J. 1. The appeal is directed against the judgment and award dated 19.11.1985 of the Motor Accidents Claims Tribunal, Jhabua, passed in Claim Case No. 66 of 1984 whereby the claimants-appellants were awarded compensation of Rs. 15,000/-for the death of Somji Parmar, resident of Machhaliya. 2. This is not in dispute that claimant-appellant Baddibai is the widow of Somji and claimant-appellant Nos. 2 to 6 are the sons and daughters of deceased Somji. Somji died in the motor accident on 1.11.1984 at about 1.00 p.m. in village Machhaliya. It is alleged that Somji was standing in front of the tea-stall, meanwhile truck No. GDR 15684, driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3 came with a high speed. It struck Somji who sustained injuries and died in consequence thereof. This claim petition was filed on 19.11.1984. Respondent Nos. 1 and 2 remained exparte before the Tribunal and they remained so here also. Respondent No. 3, insurance company, contested the claim. 3. The learned Tribunal has awarded Rs. 15,000/- as compensation with interest at the rate of 6 per cent per annum. Hence this appeal for enhancement. 4. The contention of the learned Counsel for the appellant is that the income of the deceased had been estimated on the lower side and even with miser estimate the dependency of the family must not have been less than Rs. 6,000/- per year. 5. We have gone through the evidence. Somji was an agriculturist. His wife, PW 1, Baddibai has stated that they owned nearly 40-50 bighas of land but the khasra record produced in the case shows that nearly 8 .acres of land was owned by them jointly along with 2-3 other joint tenants. Thus, what can be accepted is that Somji was a small farmer with less than four acres of land in his possession. Thus, his position was not more than an ordinary labourer. It appears that other than agricultural season he must have been working as a labour. The minimum wage in 1984 was nearly Rs. 10/- per day. Thus with an average availability of work for 25 days in a month, the income would come to nearly Rs. 250/- to Rs. 300 per month. It appears that other than agricultural season he must have been working as a labour. The minimum wage in 1984 was nearly Rs. 10/- per day. Thus with an average availability of work for 25 days in a month, the income would come to nearly Rs. 250/- to Rs. 300 per month. Looking to the size of the family with a further assumption that Baddibai (widow) must have been working in the field as a labour for meeting the expenses of the family, the dependency on deceased Somji would come to nearly Rs. 200/- per month, i.e., Rs. 2,400/- per year. 6. As stated by Dr. S.C. Jain, PW 2, Somji was aged .45 years at the time of his death. If the average longevity as accepted by the learned Tribunal is taken to be 65 years, it can be accepted that Somji could have worked for other 20 years, of course, with lesser efficiency with growing age. In such a situation the multiplier of 12 would be proper to be applied. Thus, the claimants are entitled for compensation as general damages for the loss of earning of Somji would come to Rs. 2,400 x 12 = Rs. 28,800 which may be rounded off to Rs. 29,000/-. 7. Apart from that claimants-appellants are entitled for loss of consortium (so far as claimant No. 1 Baddibai is concerned) and loss of affection (so far as other claimant Nos. 2 to 6 are concerned) for the death of Somji. 8. Learned Tribunal has not awarded any amount on this heading. In our opinion, Rs. 5,000/- for the loss of consortium and Rs. 1,000/- each for the loss of love and affection to claimant-appellant Nos. 2 to 6, i.e., Rs. 10.000/- in all would be the proper amount to be awarded on that count. 9. Learned Tribunal has awarded interest at the rate of 6 per cent per annum from the date of application, i.e., 19.11.1984. In our opinion, the claimants are entitled for simple interest at the rate of 12 per cent per annum from the date of application till realisation of the same. 10. As a result the appeal succeeds. The amount of award is enhanced to Rs. 29,000 + Rs. 10.000/- = Rs. 39.000/- and they are further awarded interest at the rate of 12 per cent per annum till realisation of the same. 11. The claimant-appellant Nos. 10. As a result the appeal succeeds. The amount of award is enhanced to Rs. 29,000 + Rs. 10.000/- = Rs. 39.000/- and they are further awarded interest at the rate of 12 per cent per annum till realisation of the same. 11. The claimant-appellant Nos. 2 to 6 were minors at the time of filing of the application. At least claimant Nos. 2 and 3 must have gained majority by now and they may have started independent pursuit of life but other claimants-appellants, i.e., claimant-appellant Nos. 4, 5 and 6 are still minors. 12. It also appears that the respondents in the case may have paid the amount awarded by the Tribunal and only the raised amount may have to be deposited. 13. In such a situation it is directed that the amount of award including interest shall be deposited by the respondent insurance company within three months from today. Out of the amount so deposited Rs. 5,000/-each with interest accrued thereon shall be paid to claimant Nos. 2 and 3. Moreover, they shall be paid only half of the amount in cash and the rest half amount shall be deposited in a nationalised bank with interest paying fixed deposit. They shall be entitled to collect the interest accrued thereon every quarter. This amount shall continue to remain deposited in the interest paying fixed deposit for ten years. Thereafter, claimant Nos. 2 and 3 would be entitled to either continue with the deposit or may be allowed to withdraw it. 14. Out of the rest of the amount deposited (i.e., amount of award and interest accrued thereon), 2/3rd amount shall be kept in a nationalised bank with interest paying fixed deposit in the name of claimant No. 1 for herself and for her minor children. This amount shall also be kept in the fixed deposit for about ten years, thereafter, the claimants shall be entitled either to continue it or may withdraw the same with information to the Tribunal. 15. The claimant No. 1 shall be entitled to collect the interest every quarter for herself and for the benefit of claimant Nos. 4 to 6. This amount shall remain in fixed deposit for ten years with interest payable as above. Thereafter, the claimants, i.e., claimant Nos. 1, 4, 5 and 6 shall be entitled either to continue it or may withdraw the same with information to the Tribunal. 16. 4 to 6. This amount shall remain in fixed deposit for ten years with interest payable as above. Thereafter, the claimants, i.e., claimant Nos. 1, 4, 5 and 6 shall be entitled either to continue it or may withdraw the same with information to the Tribunal. 16. Rest of the Yard amount may be paid to claimant No. 1 for herself and for the welfare of minor children, i.e., claimant Nos. 4, 5 and 6. Counsel's fee Rs. 400/-.