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Madhya Pradesh High Court · body

2000 DIGILAW 342 (MP)

Mohammad Yunus v. Mustaq Ali And Ors.

2000-03-30

A.K.MISHRA, BHAWANI SINGH

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JUDGMENT Bhawani Singh, C.J. 1. This appeal is directed against the award dated 17.9.1993 of the Motor Accidents Claims Tribunal, Sehore in M.C.C. No. 50 of 1993. 2. Accident took place on 27.2.1989. Mohd. Ibrahim, aged 20, was cleaner of the truck bearing No. MBC 8357. He was earning Rs. 950 per month. Allegation is that the accident took place due to negligence of driver of the truck. Accident took place on 27.2.1989 and deceased Mohd. Ibrahim died on 3.3.1989 in the hospital. Defence taken is that the accident did not take place and, therefore, the deceased did not die on account of alleged accident. It was alleged that the deceased was found injured and was shifted to the hospital. The vehicle was insured with Oriental Insurance Co. Ltd., Berasia Road, Bhopal. 3. On the pleadings of the parties, five issues were framed by the Claims Tribunal and after trial, it is found that the accident had taken place due to negligence of the driver resulting into death of Mohd. Ibrahim. The driver was proceeded ex parte. It is found that the claim against the respondents was time-barred. Ultimately, the compensation of total sum of Rs. 40,000 has been awarded inclusive of Rs. 25,000 (interim compensation) with interest at the rate of 12 per cent per annum from the date of application till the date of payment. 4. Mr. Ajay Mishra, learned Counsel for the appellant-claimant submits that the Tribunal has not awarded just compensation in this case. It is submitted that the deceased was 20 years old at the time of accident and he was likely to live for 70 years and would have worked at least till 60 years of age. He was cleaner in the vehicle and was earning Rs. 950 per month apart from daily allowance, taking the total monthly income to Rs. 1,000 to Rs. 1,200. The claimant (father) was 53 years old at the time of accident. Multiplier in this case should be 11 instead of 10, as applied by the Tribunal. We have considered these contentions raised by the learned Counsel for the appellant. 5. Evidence of claimant (father of the deceased) is that in addition to Rs. 950 which the deceased was earning per month, the deceased was also getting daily allowance and his monthly income was varying between Rs. 1,000 and Rs. 1,200. We have considered these contentions raised by the learned Counsel for the appellant. 5. Evidence of claimant (father of the deceased) is that in addition to Rs. 950 which the deceased was earning per month, the deceased was also getting daily allowance and his monthly income was varying between Rs. 1,000 and Rs. 1,200. Looking to the nature of the evidence, it would be reasonable to take the income of the deceased at Rs. 1,000 per month. Out of this, he must be spending some amount on himself also, leaving Rs. 650 for the claimant. Applying the multiplier of 11, the amount of compensation would be Rs. 85,800 (Rs. 650 x 12 x 11) besides a sum of Rs. 2,000 for funeral expenses, taking the amount of compensation to Rs. 87,800 (rupees eighty-seven thousand eight hundred only). 6. Learned counsel for the appellant submits that the deceased remained in the hospital for five days from 27.2.1989 to 3.3.1989; therefore, the claimant must have spent a sum of Rs. 5,000 towards medical expenses but no amount under this head has been awarded. Although no documentary evidence has been produced with respect to actual amount spent on medical treatment of the deceased, however, it would be reasonable to award a sum of Rs. 2,000 towards the medical expenses since it is a fact that the deceased remained hospitalised and was medically treated during this period of five days. 7. Consequently, the appeal is allowed. The claimant-appellant is entitled to compensation in the sum of Rs. 89,800 (rupees eighty-nine thousand eight hundred) for the death of his son Mohd. Ibrahim. This amount of compensation shall carry interest at the rate of 8 per cent per annum from the date of application till the date of payment payable within a period of two months. In case the payment is not made by the insurance company within the said period of two months, the amount of compensation awarded shall carry interest at the rate of 12 per cent per annum from the date of application till the date of payment. The appellant-claimant shall supply a copy of this judgment through registered post to the respondent Oriental Insurance Co. Ltd.