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2002 DIGILAW 86 (JHR)

REENA DEVI v. CHANDRA DEO SINGH

2002-01-30

GURUSHARAN SHARMA, H.S.PRASAD

body2002
Judgment : GURUSHARAN SHARMA AND HARI SHANKAR PRASAD, JJ. ( 1 ) ADMITTEDLY, Bijay Kumar pandey, son of Mathura Pandey of village jhantiya in the district of Aurangabad died in a motor accident on 16. 3. 91 on Ranchi-patna Road, near Loha Gate within the district of Hazaribagh. The deceased was travelling in a bus (BHB 6901), which had turned turtle and fell down into a ditch by the side of pitch road. In the said accident bijay Kumar Pandey sustained serious injuries and died on spot. ( 2 ) IT was established that the accident took place due to rash and negligent driving of the bus. The deceased was 22 years old and was a student of B. A. It is said that he was earning at least Rs. 1,000 per month by private tuition. The Tribunal assessed rs. 72,000 payable as compensation. ( 3 ) IN the course of deposition, widow of the deceased, namely, claimant No. 1 (AW 1) stated in her cross-examination that her husband used to give her Rs. 600 per month, out of his earnings. ( 4 ) WE find that this part of her evidence was overlooked by the Tribunal and it was observed that the deceased was giving only Rs. 400 per month to her for maintenance of the family. It was clearly an error of record. ( 5 ) ACCORDINGLY, annual dependency is calculated at the rate of Rs. 600 per month and on applying multiplier of 15, amount of compensation comes to Rs. 1,08,000. ( 6 ) THE Tribunal granted interest at the rate of 15 per cent payable on the amount of compensation from the date of filing of claim application (i. e. , 25. 5. 1991) till realisation. ( 7 ) FOLLOWING ratio of a recent decision of the Apex Court in Kaushnuma Begum v. New India Assurance Co. Ltd. , 2001 acj 428 (SC), the said rate of interest is reduced from 15 per cent to 9 per cent per annum. If the compensation amount with interest is not paid within two months, the claimants shall be entitled to get interest at the rate of 18 per cent. The impugned judgment and award is modified to the extent indicated above. ( 8 ) THE appeal is disposed of with aforesaid modifications by observations and directions. However, there will be no order as to costs. Appeal allowed. The impugned judgment and award is modified to the extent indicated above. ( 8 ) THE appeal is disposed of with aforesaid modifications by observations and directions. However, there will be no order as to costs. Appeal allowed. --- *** --- .