BHAWANI SINGH, C. J. ( 1 ) BOTH these apeals (Misc. Appeal No. 551 of 1991: anjali Kevlarmani v. Keshavram and Misc. Appeal No. 558 of 1991: Sewakram sewani v. Keshao) are being disposed of by this common judgment, since they arise out of the same accident and common award passed by the Motor Accidents claims Tribunal, Raipur, dated 25. 7. 1991. ( 2 ) THE accident took place on 27. 2. 88 at about 7. 30 p. m. near village Abhanpur, on Raipur-Dhamtari Road. At the time of accident, when both the deceased, namely bharat Kumar and Anand Kumar, were going from Raipur Kanker on Hero Honda motor cycle No. CIT 7257, truck No. MBT 8588, which was coming from opposite direction, dashed Hero Honda motor cycle, as a result of which both, Bharat Kumar and Anand Kumar, died on the spot. Two claim petitions have been filed by the legal heirs of both the deceased for compensation of Rs. 10,96,000 and Rs. 6,06,000 respectively. It is pointed out that the motor cycle was being driven by Bharat kumar while Anand Kumar was pillion rider. Nindar Singh Hora was owner of the truck and Keshavram was driver of the said truck. The Hero Honda motor cycle no. CIT 7257 was hit by truck No. MBT 8588. Both the riders of the motor cycle died on the spot. The truck was insured with the New India Assurance Co. Ltd. The matter was reported to the police and a case under section 304-A of the Indian penal Code was registered and challan was filed. ( 3 ) BHARAT Kumar was 24 years old at the time of accident and was working in a medical store earning Rs. 1,200 per month. This apart, he was repairing VCR and TV, from which he was earning Rs. 1,000 per month. The claimants were dependent on him. ( 4 ) ANAND Kumar was unmarried at the time of accident. He was advocate practising at Kanker for last two years. He had good practice and was earning Rs. 1,500 per month, out of which he had been giving Rs. 1,200 per month to the family, who were dependent on him. An amount of rs. 10,000 was spent on religious ceremonies on his death.
He was advocate practising at Kanker for last two years. He had good practice and was earning Rs. 1,500 per month, out of which he had been giving Rs. 1,200 per month to the family, who were dependent on him. An amount of rs. 10,000 was spent on religious ceremonies on his death. ( 5 ) THE defence taken is that the truck was moving at a reasonable speed while the motor cycle came at excessive speed and struck against the truck resulting in death of two young men. The owner and driver of the truck have been proceeded ex pane. ( 6 ) THE Tribunal came to the conclusion that the claimants are legal heirs of the deceased persons. The accident took place as alleged by the claimants due to rash and negligent driving of the truck by the driver hitting the motor cycle and resulting in the death of Bharat Kumar and Anand Kumar. Accordingly, compensation in the sum of rs. 1,02,000 has been awarded to Anjali, widow of deceased Bharat Kumar and rs. 8,200 to Tikul Bai, mother of deceased bharat Kumar. In case of deceased Anand kumar, the award amount is Rs. 49,000. The award has been made payable along with interest at the rate of 12 per cent per annum from the date of award till the date of realisation. ( 7 ) LEARNED counsel for the parties are heard. Record perused. Looking to the evidence available on record, certain things may be noticed and just compensation assessed thereafter. ( 8 ) BHARAT Kumar was 24 years old at the time of accident. He was working in medical store of his brother and also carrying on repair works of VCR and TV. It is stated that he was earning Rs. 1,000 to rs. 1,200 per month from each of the two sources, taking total amount to Rs. 2,400 per month. We are of the opinion that the deceased Bharat Kumar must be earning rs. 1,500 per month, out of which he may be giving Rs. 1,000 to the family. Looking to the age of the deceased (24 years), his widow wife, Anjali (20 years) and mother tikul Bai (60 years), appropriate multiplier in this case should be 18. With this background, for the death of Bharat Kumar, the total compensation amount payable to his legal heirs should be Rs.
1,000 to the family. Looking to the age of the deceased (24 years), his widow wife, Anjali (20 years) and mother tikul Bai (60 years), appropriate multiplier in this case should be 18. With this background, for the death of Bharat Kumar, the total compensation amount payable to his legal heirs should be Rs. 1,000 x 12 x 18 = Rs. 2,16,000. To this would be added rs. 2,000 towards funeral expenses and rs. 10,000 exclusive to his widow Anjali by way of consortium, taking total compensation to Rs. 2,28,000. It shall carry interest at the rate of 8 per cent per annum from the date of application till the date of realisation. In case, it is not paid within a period of two months from the date of this judgment, it shall carry interest at the rate of 10 per cent per annum from the date of application till the date of realisation. It shall be paid in the ratio of 80 per cent to widow Anjali Kevlarmani and 20 per cent to mother Tikul Bai. ( 9 ) ANAND Kumar was 25 years old at the time of accident. He was advocate and was practising for the last two years. He claimed that he was earning Rs. 1,500 per month, leaving Rs. 1,000 for his family. The Tribunal has assessed the dependency of Rs. 600 per month. It is believed that more practice more income, if he was a young advocate and there was every likelihood of his earning more in future particularly at Sub Division Kanker, as it has become a district now. We think that the dependency of Rs. 600 is on lower side. A reasonable amount of dependency, in the facts and circumstances of the case, should be Rs. 1,000 per month. Looking to the age of the deceased Anand Kumar (25 years), father Sewakram Sewani (45 years) and mother Kaushalyabai (42 years), the reasonable multiplier in this case should be 16. Consequently, the claimants, in the case of death of Anand Kumar, shall be entitled to compensation of Rs. 1,000 x 12 x 16 = Rs. 1,92,000 plus Rs. 2,000 towards funeral expenses, taking total compensation of Rs. 1,94,000 payable with interest at the rate of 8 per cent from the date of application till the date of realisation.
Consequently, the claimants, in the case of death of Anand Kumar, shall be entitled to compensation of Rs. 1,000 x 12 x 16 = Rs. 1,92,000 plus Rs. 2,000 towards funeral expenses, taking total compensation of Rs. 1,94,000 payable with interest at the rate of 8 per cent from the date of application till the date of realisation. In case, the amount is not paid within two months from the date of this judgment, it shall carry interest at the rate of 10 per cent per annum from the date of application till the date of realisation. ( 10 ) BOTH the appeals (Misc. Appeal No. 551 of 1991 and Misc. Appeal No. 558 of 1991) are allowed to the aforesaid extent. The parties shall bear their own costs. Appeals allowed. .