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1998 DIGILAW 896 (MP)

PRABHU LAL v. SHAHEED KHAN

1998-11-20

S.S.JHA, SHACHEENDRA DWIVEDI

body1998
SHACHEENDRA DWIVEDI, J. ( 1 ) THE appellants have preferred this appeal under section 173 of Motor Vehicles Act, 1988 for the enhancement of amount of compensation awarded by the Tribunal under the impugned award for the death of Sajania bai. The appellants were claimants before the Tribunal where a petition was filed under section 166 of Motor Vehicles Act stating therein that wife of appellant No. 1 and the mother of appellant Nos. 2 and 3, named, Sajania Bai alias Sagun Bai was crushed to death by truck No. MPP 1688 on 18. 5. 1993, which was owned by respondent Nos. 2 and 3 and was driven by respondent No. 1. ( 2 ) THE learned Tribunal on the strength of the evidence on record found that the accident was the result of the rash and negligent driving of the truck owned by respondent Nos. 2 and 3 which was driven by the respondent No. 1. Due to dash to deceased Sajania Bai alias Sagun Bai, she had died. The claimants are her legal representatives. ( 3 ) THE Tribunal was of the view that minimum amount of compensation on the death of a person was Rs. 25,000, as such it was held that the claimants were entitled to receive Rs. 25,000 as compensation on the death of Sajania Bai. Appellants were allowed funeral expenses, loss of consortium and loss to estate. The Tribunal had as such passed the award for Rs. 52,000 and also awarded the interest at the rate of 12 per cent per annum. ( 4 ) THE deceased was housewife and was not a working lady. Under the Motor vehicles Act, 1988, the income of a nonworking person is to be taken as Rs. 15,000 per annum. By adopting the stated criteria for assessing the amount of compensation and after deducting 1/3rd amount which could be spent by deceased on herself, the dependency of appellants can be taken to be Rs. 10,000 per annum. ( 5 ) THE age of the deceased according to the claim petition was 18 years. The respondents led no evidence to show that she was not of that age. As such, taking the age of the deceased as 18 years, the multiplier of 16 is to be applied. The total amount of compensation would thus come to rs. 1,60,000. ( 5 ) THE age of the deceased according to the claim petition was 18 years. The respondents led no evidence to show that she was not of that age. As such, taking the age of the deceased as 18 years, the multiplier of 16 is to be applied. The total amount of compensation would thus come to rs. 1,60,000. The appellant No. 1 who is husband of the deceased is also entitled to get an amount of Rs. 5,000 towards loss of consortium and Rs. 2,500 towards loss of estate and also funeral expenses of rs. 2,000. The total amount of compensation would thus come to Rs. 1,69,500. The appellants shall thus be entitled to interest on the amount of compensation from the date of application, i. e. , from 21. 6. 1993, at the rate of 12 per cent per annum. ( 6 ) RESULTANTLY, we modify the award passed by learned Claims Tribunal to the extent indicated hereinabove. The appellants shall be entitled to receive from the respondents the amount of Rs. 1,69,500 towards compensation. ( 7 ) HOWEVER, in the facts and circumstances, there shall be no order as to the costs. Ordered accordingly. Appeal allowed. .