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2000 DIGILAW 963 (MP)

INDRA BAI v. KESHAVRAM DHOBI

2000-09-05

ARUN MISHRA, BHAWANI SINGH

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BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against the award of the Motor accidents Claims Tribunal, Raipur, dated 30. 9. 1997, in Claim Case No. 70 of 1996. ( 2 ) CLAIMANTS are widow and children of deceased Pardeshi Sahu who died as a result of injuries suffered by him on 24. 3. 1996, at about 8. 30 p. m. when mini bus No. MP 23-D 4704 hit his bicycle on kura-Patewa Road. The matter was reported to the police and Crime No. 32 of 1996 registered against respondent No. 1. The mini bus was owned by respondent No. 2 and insured with respondent No. 3. ( 3 ) DEFENCE taken is that the accident was not caused by respondent No. 1. It is also stated that this vehicle was not being driven rashly and negligently. The insurance company has stated that it was not intimated about the accident. As the vehicle was not being plied according to terms and conditions of the policy, therefore, they are not liable for the payment of compensation. All these defences have been rejected by the Tribunal and compensation of Rs. 1,59,000 has been awarded carrying interest at the rate of 12 per cent per annum from the date of application till realisation. Claimants are not satisfied with this award, hence this appeal. ( 4 ) WE have heard learned counsel for parties and perused the record. ( 5 ) EVIDENCE clearly suggests that the accident took place as alleged. The mini bus driver was responsible for the accident, therefore, not only he, but respondent No. 2 (owner) and insurance company, respondent No. 3, are also liable to pay the compensation jointly and severally. The question is what amount of compensation is payable in this case. At the time of accident, deceased was 30 years old. His income has been taken to be Rs. 12,000 per annum at the time of accident. As per evidence, he was earning Rs. 70 to Rs. 80 per day, but the Tribunal has put the income at Rs. 40 per day. ( 6 ) WE are of the opinion that the income of the deceased has not been properly assessed, therefore, it is desirable to fix the income of deceased at Rs. 50 per day, Rs. 1,500 per month and Rs. 18,000 per year. After deducting 1/3rd towards personal expenses, Rs. 40 per day. ( 6 ) WE are of the opinion that the income of the deceased has not been properly assessed, therefore, it is desirable to fix the income of deceased at Rs. 50 per day, Rs. 1,500 per month and Rs. 18,000 per year. After deducting 1/3rd towards personal expenses, Rs. 12,000 would be the annual dependency. In this case, the correct multiplier should be 18. Thus the claimants are entitled to compensation of rs. 2,16,000 plus Rs. 5,000 towards consortium and Rs. 2,000 towards funeral expenses, taking the total amount of compensation to Rs. 2,23,000. It shall carry interest at the rate allowed by the Tribunal and shall be paid as per terms fixed by the tribunal. Appeal allowed. .