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2001 DIGILAW 385 (MP)

Naaz Siddiqui v. Harish Kumar Oevnani

2001-04-30

A.K.MISHRA, RAJEEV GUPTA

body2001
JUDGMENT Mishra, J. -- The claimants have preferred this appeal for enhancement of compensation with respect to death of Sarwat Siddiqui. The claimants are widow and minor son. On 1.10.1994 at about 7.30 p.m. when deceased Sarwat Siddiqui was going from Bhojpur to Bhopal on his Scooter MKD 5354 near village Chhan met with an accident by jeep MP-4-G-0074 driven rashly and negligently by Harish Kumar Devani. respondent No. I. The jeep came from opposite direction and dashed the deceased. Serious injuries were suffered by the deceased. He was taken to Hamidia hospital where he died. Owner and driver remained ex-parle. Insurer in its written statement denied the allegation. Factum of insurance was admitted. Plea of contributory negligence was taken. In addition it was contended that driver was not having valid driving licence and there was breach of terms of insurance policy. The claimants have prayed for compensation of Rs. 12,26,485/-. The claims Tribunal has awarded a sum of Rs. 2,26,000/- alongwith interest at the rate of 12 per cent per annum from the date of claim petition till realisation. Learned counsel for the appellants has submitted that the income of the deceased has been assessed on lower side. Deceased was aged 30 years. The proper multiplier is that of 18 whereas multiplier of 15 has been applied. Learned counsel for the insurer submits that compensation awarded is adequate and calls for no interference in this appeal. It is not in dispute that on 1.10.1994 accident took place. It is also not in dispute that Sarwat Siddiqui died due to the injuries suffered in the accident. The finding of the rash and negligent driving has also not been assailed before us. The sole question raised in the appeal is about quantum of compensation which the appellants can obtain in the instant case. The deceased was working in Merchant Navy and after leaving the job in Merchant Navy, he had staJ1ed an industrial unit of his own business in Piparia which he had shifted to Mandideep Industrial area District Raisen close to Bhopal. He was also looking after his Farm House at Islam Nagar. In addition he was having income from working as a Real Estate Agent. Smt. Naz Siddiqui (PW 2) has stated that her husband was giving Rs. 3,000/- per month to her for house-hold expenses. Earning of the deceased was Rs. 5,000/- per month from farm. He was also looking after his Farm House at Islam Nagar. In addition he was having income from working as a Real Estate Agent. Smt. Naz Siddiqui (PW 2) has stated that her husband was giving Rs. 3,000/- per month to her for house-hold expenses. Earning of the deceased was Rs. 5,000/- per month from farm. He had a Pesticide factory at Piparia. Name of the factory was Jhawar Pesticides whereas at Mandideep he was going to starthe factory in the name and style of Cropest India. Lease was also obtained. He had also obtained a plot of 32000 sq.ft. at Mandideep for shifting the factory alongwith his brother. Document in that regard Ex. P-8 was produced. Papers of Merchant Navy service are also filed by the claimants Ex. P-2 to P-7. The deceased was a partner in Industrial Unit in the .name of Jhawar Pesticides at Piparia alongwith his brother Captain Rafat Siddiqui. The plot was also taken on lease jointly in the name of deceased and his brother. Wife of the deceased has stated that deceased was giving her Rs. 3,000/- per month. It would be proper to assess the income at Rs. 2,700/- per month. One third has to be deducted as expenses on the maintenance of himself. Thus, the total dependency per month comes to Rs. 1800/- and annual comes to Rs. 21,600/-. Proper multiplier is 18 at the age of 30 year. Thus computed total compensation on account of loss of dependency comes to Rs. 3,88,800/-. In addition the claimants are entitled to consortium of Rs. 5000/-, Rs. 2000/- on account of burial expenses, Rs. 2500/- on account of loss of estate and a conventional sum of Rs. 10,000/- for loss of expectancy of life; total Rs. 4,08,300/- alongwith interest at the rate of 12 per cent per annum from the date of claim petition till realisation. In the result, the appeal is partly allowed. The compensation is enhanced from Rs. 2,26,000/- to Rs. 4,08,300/- alongwith interest at the rate of 12 per cent per annum payable from the date of claim petition till realisation. Liability of the owner, driver and insurer shall be joint and several. Costs on parties.