BHAWANI SINGH, C. J. ( 1 ) WE propose to dispose of Misc. Appeals (Rampyari Bai v. Union of India, M. A. No. 444 of 1997; chandrakala Bai v. Union of India, M. A. No. 445 of 1997; Chindhi Bai v. Union of india, M. A. No. 446 of 1997; Phulba Bai v. Union of India, M. A. No. 447 of 1997, filed by claimants for enhancement of compensation, and Union of India v. Chindhi Bai, M. A. No. 1046 of 1997; Union of india v. Phulba Bai, M. A. No. 1047 of 1997; Union of India v. Chandrakala Bai, m. A. No. 1048 of 1997; Union of India v. Rampyari Bai, M. A. No. 1088 of 1997 by union of India against the awards of compensation) by this order since they arise out of the same accident, though the Motor accidents Claims Tribunal has passed separate awards in separate claim cases. ( 2 ) ACCIDENT took place on 16. 2. 1993 when dumper No. MWY 9117 driven rashly and negligently by driver Asha Ram, turned turtle resulting in the death of four persons, namely, Mahipat, Deva, Bihari lal and Gulab. Defence taken by the Union of India is that accident did not take place due to rash and negligent driving of the vehicle, as alleged. As a matter of fact, spring of the vehicle broke as a result of which it went out of control and turned turtle. The deceased got into the vehicle despite they were asked not to do so. On the basis of evidence, Claims Tribunal came to the conclusion that accident took place due to rash and negligent driving of the vehicle by driver Asha Ram resulting in the death of four persons. The defence taken by the union of India has been rejected. Accordingly, different amounts of compensation have been awarded by the Claims Tribunal carrying interest at the rate of 12 per cent per annum from the date of application till payment. That apart, counsel fee has also been awarded, making the awards payable within 2 months failing which the amounts would carry interest at the rate of 18 per cent per annum. ( 3 ) WE have considered the conclusions arrived at by the Claims Tribunal in the context of the evidence on record. We find justification in the view taken by the Claims tribunal and the same is confirmed.
( 3 ) WE have considered the conclusions arrived at by the Claims Tribunal in the context of the evidence on record. We find justification in the view taken by the Claims tribunal and the same is confirmed. Parties have serious dispute with respect to the awards of compensation in these cases. The case of the claimants is that the awards are on the lower side, therefore, the same require to be enhanced because the Tribunal has not assessed the same properly as a result of which just compensation has not been awarded. Learned counsel for the union of India contends that compensation awarded is excessive and hence the same is liable to be reduced. ( 4 ) WITH a view to appreciate the contentions raised by the learned counsel for parties, we deal with the cases as follows:m. A. No. 444 of 1997: in this case, deceased is Mahipat. Claimants are his widow and three children. At the time of accident, Mahipat was around 44 years old. He was employed as a gangman with the Union of India and was drawing salary of Rs. 2,135 per month. He was spending Rs. 635 on himself, leaving the rest of Rs. 1,500 to the family every month. Therefore, annual dependency would come to Rs. 18,000. Proper multiplier in this case should be 15 instead of 12 applied by the Tribunal. Thus counted, compensation awardable in this case is Rs. 2,70,000. This apart, the claimants are also entitled to Rs. 10,000, Rs. 5,000, Rs. 2,000 and rs. 2,500 towards loss of expectancy, loss of consortium, funeral expenses and loss to the estate respectively taking the compensation amount to the total of Rs. 2,89,500 (rupees two lakh eighty-nine thousand five hundred ). Learned counsel for the Union of India submits that a sum of Rs. 69,008 was paid to the claimants through the Commissioner for Workmen's Compensation. Therefore, this amount should be deducted from the amount of compensation so arrived. This submission has force. As a result, the claimants in this case shall be entitled to the compensation of Rs. 2,89,500 minus rs. 69,008 = Rs. 2,20,492 (rupees two lakh twenty thousand four hundred and ninety-two only) with interest at the rate and in the manner awarded by the Tribunal. However, the interest at the enhanced rate would become payable after four months from the date of this order.
2,89,500 minus rs. 69,008 = Rs. 2,20,492 (rupees two lakh twenty thousand four hundred and ninety-two only) with interest at the rate and in the manner awarded by the Tribunal. However, the interest at the enhanced rate would become payable after four months from the date of this order. Claimants shall be entitled for compensation as follows: (1) Rampyari Bai 25 per cent (2) Ashok Kumar 25 per cent (3) Lalit Kumar 25 per cent (4) Sangeeta 25 per cent The shares of Lalit Kumar and Sangeeta, who are minors, shall be invested in FDR in a nationalised bank through claimant rampyari Bai (mother) payable after they attain majority in case they or any of them want release of the amount. M. A. No. 445 of 1997: in this case, deceased is Deva. Claimants are widow and son of the deceased. At the time of accident, Deva was 54 years old. He was employed as a gangman with the Union of India and was drawing salary of Rs. 2,129 per month. He was spending rs. 629 on himself and leaving the balance of Rs. 1,500 to the family every month. Therefore, the annual dependency would come to Rs. 18,000. Proper multiplier in this case should be 11 instead of 8 applied by the Tribunal. Thus counted, compensation awardable in this case is Rs. 1,98,000 (Rs. 18,000 x 11 ). This apart, the claimants are also entitled to Rs. 10,000, Rs. 5,000, rs. 2,000 and Rs. 2,500 towards loss of expectancy, loss of consortium, funeral expenses and loss to the estate respectively, taking the compensation amount to the total of Rs. 2,17,500 (rupees two lakh seventeen thousand five hundred ). The learned counsel for the Union of india submits that a sum of Rs. 83,238 was paid to the claimants through Commissioner, Workmen's Compensation. Therefore, this amount should be deducted from the amount of compensation so arrived. This submission has force. As a result, the claimants in this case shall be entitled to the compensation of Rs. 2,17,500 minus rs. 83,238 = Rs. 1,34,262 (rupees one lakh thirty-four thousand two hundred and sixty-two only) with interest at the rate and in the manner awarded by the Tribunal. However, the interest at the enhanced rate would become payable after four months from the date of this order. Compensation shall be payable to the claimants in equal shares.
2,17,500 minus rs. 83,238 = Rs. 1,34,262 (rupees one lakh thirty-four thousand two hundred and sixty-two only) with interest at the rate and in the manner awarded by the Tribunal. However, the interest at the enhanced rate would become payable after four months from the date of this order. Compensation shall be payable to the claimants in equal shares. M. A. No. 446 of 1997: in this case, deceased is Gulab who died in the accident. He was 34 years at the time of accident. Claimants are his widow and three children. He was employed as a gangman with the Union of India and was drawing salary of Rs. 1,654 per month. He was spending Rs. 554 on himself, leaving the rest of Rs. 1,100 to the family every month. Therefore, the annual dependency would come to Rs. 13,200. Proper multiplier in this case should be 16 instead of 12 applied by the Tribunal. Thus counted, compensation awardable in this case is rs. 2,11,200 (rupees two lakh eleven thousand two hundred only ). This apart, the claimants are also entitled to Rs. 10,000, rs. 5,000, Rs. 2,000 and Rs. 2,500 towards loss of expectancy, loss of consortium, funeral expenses and loss to the estate respectively taking the compensation amount to the total of Rs. 2,30,700 (rupees two lakh thirty thousand seven hundred only ). Claimants have already received a sum of Rs. 80,852 through the Commissioner, workmen's Compensation. Therefore, this amount has to be deducted from the total sum of compensation arrived at. After deducting the same, the total amount of compensation payable would be Rs. 1,49,848 (rupees one lakh forty-nine thousand eight hundred and forty-eight only) with interest at the rate and in the manner awarded by the Tribunal. However, the interest at the enhanced rate would become payable after four months from the date of this order. Claimants shall be entitled for compensation as follows: (1) Chindhi Bai 25 per cent (2) Anil Kumar 25 per cent (3) Sunil Kumar 25 per cent (4) Mamta 25 per cent The shares of Anil Kumar, Sunil Kumar and Mamta, who are minors, shall be invested in FDR in a nationalised bank through the claimant No. 1 Chindhi Bai (mother) payable after they attain majority in case they or any of them want release of the amount.
M. A. No, 447 of 1997: in this case, deceased is Bihari Lal who died in the accident. The claimants are his widow, two sons and a daughter. Deceased was 50 years old at the time of accident. He was drawing a salary of Rs. 2,192 per month. He was spending Rs. 692 on himself, leaving the rest of Rs. 1,500 to the family every month. Therefore, the annual dependency would come to Rs. 18,000. Proper multiplier in this case should be 13 instead of 10 applied by the Tribunal. This way, the total compensation awardable in this case would be Rs. 2,34,000 (rupees two lakh thirty-four thousand only ). Apart from this, the claimants are also entitled to Rs. 10,000, Rs. 5,000, Rs. 2,000 and rs. 2,500 towards loss of expectancy, loss of consortium, funeral expenses and loss of estate respectively, taking the compensation amount to the total of Rs. 2,53,500 (rupees two lakh fifty-three thousand five hundred only ). Claimants have already been paid a sum of Rs. 1,12,412 through the Commissioner, Workmen's Compensation. Therefore, after deducting the said amount, the claimants shall be entitled to the rest of the amount of compensation of rs. 1,41,088 (rupees one lakh forty-one thousand and eighty-eight only) along with interest at the rate and in the manner awarded by the Tribunal. However, interest at the enhanced rate would become payable after four months from the date of this order. Claimants shall be entitled for compensation as follows: (1) Phulba Bai 25 per cent (2) Tukaram 25 per cent (3) Rajeram 25 per cent (4) Lata Bai 25 per cent The shares of minors shall be invested in fdr in a nationalised bank through the claimant No. 1 Phulba Bai (mother) payable after they attain majority in case they or any of them want release of the amount. M. A. Nos. 1046, 1047, 1048 and 1088 of 1997: since we have already enhanced the amount of compensation in the appeals filed by the claimants, these appeals filed by the Union of India are without merit and deserve to be dismissed. ( 5 ) CONSEQUENTLY, Misc. Appeal Nos. 444, 445, 446 and 447 of 1997 are allowed to the extent aforesaid and the Misc. Appeal Nos. 1046, 1047, 1048 and 1088 of 1997 are dismissed being without merit. Costs on parties. Orders accordingly. .