Research › Search › Judgment

Punjab High Court · body

2000 DIGILAW 72 (PNJ)

Chanda Devi Jain v. Mohinder Singh Yadav

2000-01-19

BAKHSHISH KAUR

body2000
JUDGMENT Bakhshish Kaur, J. - With this order, I proceed to dispose of FAO No. 585 of 1982, FAO No. 646 of 1982 and Cross-objection No. 19-CII of 1983 and FAO 585 of 1982. 2. Chanda Devi Jain widow, her minor children and Smt. Mangi Devi Jain mother of Sh. Padam Chand Jain deceased had filed a petition under section 110-A of the Motor Vehicles Act for grant of compensation of three lacs. 3. Padam Chand Jain a lad of 25 years died in a motor accident. He was businessman. He was earning Rs. 2000/- per month. 4. The accident took place between the car, in which Padam Chand Jain was travelling and the truck driven by Ram Chander. Both the vehicles were insured but the factum of accident is totally denied by Ram Chander driver. According to him the he was not driving the truck at the time of accident. The case set up the claimant is that the accident took place due to rash and negligent driving on the part of Ram Chander, Driver of the truck. The above controversy gave rise to the following issues framed by the learned Tribunal : 1 - Whether Padam Chand Jain died in an accident caused due to rash, negligent and careless driving of truck No. MRU 254 and car No. DLE 3972 ? 2 - If Issue No. 1 is proved, whether the claimants are entitled to any compensation ? if so its quantum and from whom and in what proportion ? 3 - Relief. Both the issues were answered in favour of the claimants and against the respondents. The learned Tribunal gave a specific finding that the accident took place due to rash, negligent and careless driving of the truck driver which has resulted into the death of Padam Chand Jain. The claimants being the dependants of deceased Padam Chand Jain were awarded compensation of Rs. 1 lac by the learned Motor Accident Claims Tribunal vide impugned judgment but they were not satisfied with the amount allowed, therefore, they have preferred this petition. 5. FAO No. 646 of 1982 has been preferred by the National Insurance Company. The Tribunal gave finding that the accident in question took place due to rash and negligent driving of both the drivers of their respective vehicles. 5. FAO No. 646 of 1982 has been preferred by the National Insurance Company. The Tribunal gave finding that the accident in question took place due to rash and negligent driving of both the drivers of their respective vehicles. It is admitted fact that the offending truck in question was insured with the National Insurance Company, therefore, the respondent company is liable to pay the compensation. 6. In FAO 585 of 1982 preferred by Chanda Devi and others, the challenge is to the deduction of the amount of Rs. 28,000/- as ordered by the Tribunal. Considering the age of the deceased; the Tribunal had applied a multiplier of 16 and the total dependency was calculated at Rs. 1,28,000/-. Out of this amount Rs. 28,000/- (20%) was deducted on account of lump sum payment. The reasoning given by the learned Tribunal in deducting the amount of Rs. 28,000/- does not appear to be just and proper. The multiplier of 16 applied by the learned Tribunal is of course reasonable and just. Out of the total dependency worked out to be Rs. 1,28,000/-, the petitioner could not be denied the amount of Rs. 28, 000/- on the strength of 20% deduction on account of lump sum payment. To this extent the award cannot be sustained. 7. In these premises cross-objection No. 19-CII of 1983 and FAO 585 of 1982 and FAO 646 of 1982 are dismissed. 8. While accepting FAO 585 of 1982, the award given by the learned Tribunal is modified to the extent that the petitioners shall be entitled to a sum of Rs. 28,000/- in addition to the sum of Rs. 1 lac already awarded to them. This amount shall be payable to the petitioners proportionately as apportioned hereunder : Chanda Devi Rs. 6,00 Ms. Sarita Kumari Rs. 5,000 Ms. Kusum Jain Rs. 5,000/- Mr. Sanjay Jain Rs. 5,000/- Mr. Romesh Kumar Rs. 5,000/- Smt. Manga Devi Rs. 2,000/- The petitioners will also be entitled to received interest @ 6% per annum on their respective amounts with effect from the date of petition, till the amount is deposited and in case the amount is not deposited within two months, the rate of interest will be 12% per annum instead of 6% per annum. 9. In view of the above FAO 585 of 1982 is accepted and the award impugned is modified to the extent indicate above. 9. In view of the above FAO 585 of 1982 is accepted and the award impugned is modified to the extent indicate above. Cross-objection No. 19-CII of 1983 in FAO 585 of 1982 and FAO of 646 1982 are dismissed. Appeal allowed.