Kamli Gujar v. Rajasthan State Road Transport Corporation Jaipur
1996-02-01
RAJENDRA SAXENA
body1996
DigiLaw.ai
Honble SAXENA, J. – This appeal has been directed against the Award dated 25/3/1989 passed by the Motor Accident Claims Tribunal, Jaipur (in short.``the Tribunal) where by a sum of Rs. 99,000/- with interest @12% p.a. as compensation was granted in favour of the claimants. (2) For the disposal of this appeal, it will suffice to mention that on 26/9/1984 at about 7.30 P.M deceased Sadhuram was going from Manoharpur towards Jaipur on foot on the National Highway. He was going behind two camel carts and was on his right side. At that time,RSRTC bus No. RRB 2486, which was being driven rashly and negligently and with a high speed, by respondent Birju Singh hit the deceased and the camel carts from rear side, with the result the deceased sus- tained fatal injuries and died. F.I.R Ex. P.1 was lodged at police station Shahpura, where upon after investigation the challan Ex.3 was filed against the said bus driver. The claimants, who are widow, mother and minor daughter of the deceased filed clain petition before the Tribunal for compensation amounting to Rs. 2.08 lacs. The RSRTC in its reply admitted the factum of the accident but asserted that the acci- dent did not occur due to rash and negligent act of the bus driver. It was also asserted that the deceased had no source of income and that he did not contribute any amount to his family. The learned Tribunal framed necessary issues. In support of the claim petition, AW1 Jagdish, AW2 Nathu,AW3 Smt. Kamli were examined and in rebuttal,NAW1 Babulal was produced by the RSRTC. The learned Tribunal held that the accident occurred due to the rash and negligent act of the bus driver, that the age of the deceased was 23 years, that his contribution to the family was Rs. 3,000/- per annum, and applying a multiplier of 30 years,allowed Rs. 90,000/- as compensation for the loss of dependency, Rs. 5,000/- to the widow for loss of consortium and Rs. 2,000/- each to the mother and minor daughter for loss of love, affection and company of the deceased. Thus a total amount of Rs.99,000/- was granted as compensation with interest. The appellants have now filed this appeal for enhancement of the compensation amount.
5,000/- to the widow for loss of consortium and Rs. 2,000/- each to the mother and minor daughter for loss of love, affection and company of the deceased. Thus a total amount of Rs.99,000/- was granted as compensation with interest. The appellants have now filed this appeal for enhancement of the compensation amount. (3) I have heard Shri S.C. Srivastava learned counsel for the appellants and Shri Dharmendra Agrawal for the RSRTC at length and carefully perused the record of the learned Tribunal in extenso. (4) Shri S.C. Srivastava has vigorously canvassed that the learned Tribunal has committed an error of law and fact in disbelieving the unrebutted sole testimony of AW3 Smt. Kamli and in arbitrarily assessing the loss of income to the family @ Rs.3,000/- per annum.Similarly the learned Tribunal has also not taken into conside- ration future prospects and advancement in the career of the deceased and that a very meager amount of Rs. 5,000/- has been allowed as compensation for the loss of consortium for the young lady on the mere possibility of her re-marriage. On the other hand, the learned counsel for the respondent RSRTC has contended that the amount of compensation is just and adequate and the same does not call for any increase. (5) I have given my thoughtful consideration to the rival submissions.AW1 Jagdish and AW2 Nathu are the eye witnesses of the alleged accident. They do not say anything about the income of the deceased. AW3 Smt.Kamli, the widow of the deceased, deposed that her husband, Sadhuram used to sell and purchase sheeps and she-goats, that he used to earn Rs. 1,000/- per month and that he used to give her Rs. 100/- per month and rest of his income to her mother-in-law, who used to look after the whole family. No substantial question has been put to this witness to shatter her testimony. Besides this, not a fringe of evidence has been adduced in rebuttal. In such circumstances, statement of Smt. Kamli has remained unshaken and unshattered and there was no valid reason to disbelieve her testimony.
No substantial question has been put to this witness to shatter her testimony. Besides this, not a fringe of evidence has been adduced in rebuttal. In such circumstances, statement of Smt. Kamli has remained unshaken and unshattered and there was no valid reason to disbelieve her testimony. But the learned Tribunal on the basis of surmises and conjectures has wrongly held that the deceaseds income from the business of purchase and sale of the sheeps and she-goats was not Rs.1,000/- per month and without any basis, assessed the loss of annual income to the family of the deceased @ Rs.3,000/- only.To my mind, after deducting conventional one third amount of the income on the self maintenance and pleasure of the deceased, the loss of income to his dependents was at least Rs. 600/- per month or Rs.7200/- per annum. The deceased died in his prime youth at the age of 23 years, leaving behind his widow aged 20 years, mother aged 60 years and a minor daughter, who was born after few months of his death. Keeping in view the age of the deceased and respective ages of defendants as also other relevant factors, I am of the considered opinion that it will be just and proper to adopt a multiplier of 14 years. Thus, loss of income to the family of the deceased works out to Rs. 7200/-x14 =Rs.1.08 lacs. (6) Smt. Kamli became widow at her prime youth, when she was aged 20 years only.Merely because she belongs to Gujar community, wherein the customs of Nata(re-marriage)is in vogue, the learned Tribunal has allowed her compensation of a meager amount of Rs.5,000/- for the loss of consortium, which is apparently very low. (7) In RSRCT vs. Kiran Lata & others (1) this Court has held that the question of re-marriage or possibility of re-marriage is not at all a relevant consideration while computing loss of consortium to the widow and that even after re-marriage the widow is entitled to get compensation in normal course of her life. (8) In the case on hand, Smt. Kamli became widow at the age of 20 years. She has to spend her whole life without the company of her husband. She has been deprived of the love, affection and society of her husband.
(8) In the case on hand, Smt. Kamli became widow at the age of 20 years. She has to spend her whole life without the company of her husband. She has been deprived of the love, affection and society of her husband. This Court in a catena of judgments has consistently held that an amount of Rs.15,000/- for loss of consortium to the widow is just and proper. Therefore, the amount of compensation under this head needs to be enhanced from Rs. 5,000/- to Rs. 15,000/- (9) The amount of compensation for loss of love, affection and society @ Rs. 2,000/- each to the mother and minor daughter of the deceased appears to be just and reasonable. (10) In the result, this appeal is partly allowed and the impugned Award dated 25/3/1989 passed by the learned Tribunal is modified and the compensation amou- nt for loss of income to the family of the deceased is raised from 90,000/- to Rs. 1,08,000/- (Rs. one lac and eight thousand only) and the compensation for loss of consortium to the widow is enhanced from Rs. 5,000/- to Rs.15,000/- (Rs. fifteen thousand only ). Thus, an award for total amount of Rs.i,27,000/- (Rs.one lab twenty seven thousand only) is passed in favour of the appellant and against the respon- dents RSRTC and its bus driver jointly and severally with interest @ 12% per annum from the date of filing of the claim petition. The directions given by the learned Tribunal regarding apportionment. disbursement, and investment of the award amount in the Nationalized Bank shall stand modified proportionately in respect of the enhanced amount of compensation. No order as to costs.