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Madhya Pradesh High Court · body

2000 DIGILAW 1169 (MP)

Kantabai v. Mohanlal

2000-10-20

R.D.VYAS, SHAMBHNO SINGH

body2000
Short Note This appeal is directed by the claimants against the award dated 26.10.1994 passed by the I Additional member MACT. Alirajpur in Claim Case No. 80/94 for enhancement of compensation. Claimants-Appellants case is that on 24.10.1995 deceased Indersingh, husband of Appellant No. 1, father of Appellants Nos. 2 to 4 and son of appellant No.5. alongwith his son Sanjay, was coming to his house as pedestrian from Petrol Pump, when they were crossing the bridge, the Respondent No. 1, came from behind driving the bus bearing registration No. C.Y.F. 230, belonging to Respondent M.P. State Road Transport Corporation (for short 'the Corporation') in rash and negligent manner and hit Inder Singh as a result of which he sustained injuries and died. The deceased was teacher and was to be promoted as Head Master and was receiving salary of Rs. 3455/- per month. Claimants filed claim case seeking compensation of Rs. 5 Lacs. The respondents contested the claim and pleaded that the deceased was coming on his cycle and due to his negligence the cycle hit the bus. It was also pleaded that the Appellant No. 1 received ex-gratia. GPF amount and was also receiving family pension, this amount be deducted from compensation amount. The Tribunal after appreciation of evidence held that the accident-accused due to rash and negligent driving of the bus, fixed dependency of each appellants separately and worked out Rs.81,600/- and granted Rs. 15,000/- for loss of consortium to Appellant No. 1 and in all awarded compensation of Rs. 96,600/-. The appellants being aggrieved by the compensation amount awarded by the Tribunal have filed this appeal for enhancement of compensation amount. Shri Vijyawargiya, L/c for the Appellants, argued that the learned Tribunal committed error in determining the dependency of each claimants separately, the compensation amount of Rs.96,600/- is hopelessly low. The learned Tribunal did not take into consideration future prospects of tile deceased. He was a teacher and was to be promoted to the post of Head Master. He prayed for grant of Rs. 5 Lacs. On the other hand Shri S.S. Kemkar, L/c for the Respondents supported the impugned award. It was also argued that amount of family pension ought to have been adjusted against compensation amount. We considered arguments advanced by L/c for both sides and perused the record. He prayed for grant of Rs. 5 Lacs. On the other hand Shri S.S. Kemkar, L/c for the Respondents supported the impugned award. It was also argued that amount of family pension ought to have been adjusted against compensation amount. We considered arguments advanced by L/c for both sides and perused the record. The argument that GPF and family pension amount be taken into consideration in determining the dependency is not acceptable, as held by this Court in case of Kashmiran Mathur v. Rajendra Singh, 1983 JLJ 113 : 1983 ACJ 152 (M.P.). It has come in the evidence of Ganpat Singh (AW3) that the deceased was working as a teacher in Govt. Middle School Chindhal Guda, his salary was Rs.3,455/- per month and after deductions he was getting Rs. 2,458/- per month in view revision of pay of Government Servants, yearly increments and also chance of promotion, we determine his monthly earning an Rs.3,800/- and after necessary deductions and income tax etc. he was receiving Rs. 2,700/- p.m. On deduction of one-third of it for personal expenses of the deceased dependency of the appellants come to Rs.1,800/- p.m. and 21,600/- yearly. Dr. Gupta (AW4) stated that the deceased was agreed about 42 years at the time of his death. We accept this evidence and view of it select multiplier of 15. On multiplying it with the multiplicand the amount comes to Rs. 3,24,000/-. The appellant No. 1 is entitled to Rs.5,000/- for loss of consortium and Rs. 2,000/- for funeral expenses and thus amount of compensation comes to Rs.3,31,000/-. In the result, the appeal is partly allowed and the impugned award is modified and it is directed the Respondent Corporation shall pay Rs.3,31,000/- with interest at the rate of 12% per annum after adjusting the amount paid/deposited within 4 months from the date of receipt of copy of this judgment out of this amount Rs. 1,25,000/- with accrued interest be apportioned to Appellant No. 1 Smt. Kantabai, widow of the deceased, Rs.30,000/-with accused interest to Appellant No.5 Deshorabai the mother of the deceased and rest of the amount be distributed equally between Respondents Nos. 2 to 4. Rs. 25,000/- be paid to Kantabai and Rs.20,000/- Deshorabai, out of then share and rest of the amount of their share with accused interest and the entire share of the Appellants Nos. 2 to 4. Rs. 25,000/- be paid to Kantabai and Rs.20,000/- Deshorabai, out of then share and rest of the amount of their share with accused interest and the entire share of the Appellants Nos. 2 to 4 with accused interest paying scheme of Nationalised Bank of a period of six years. No order as to costs.