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2003 DIGILAW 1526 (PNJ)

Yash Pal v. Tara Chand

2003-11-07

ASHUTOSH MOHUNTA

body2003
JUDGMENT Ashutosh Mohunta, J. - This appeal has been filed against the judgment of the Motor Accident Claims Tribunal, Karnal, dated 21.9.1992 by which compensation of Rs. 64,000/- was awarded to the appellants for the death of Narinder Kaur. The husband and the three minor daughters of the deceased Narinder Kaur have filed the present appeal wherein they have claimed a sum of Rs. 5 lacs for the death of Narinder Kaur and Rs. 2,50,000/- for the death of the foetus in the womb of the deceased. 2. Briefly the facts of the case are that on 14.7.1990 at about 10 AM the deceased Narinder Kaur was going to a clinic of a Doctor along with her husband Yash Pal. When they reached near Karan Talab at Karnal she was hit from behind by a Haryana Roadways Bus with the result the she was seriously injured. She was rushed to a hospital at Karnal immediately but she died on the way. At the time of the accident Narinder Kaur was in advance stage of pregnancy and her post-mortem examination revealed that the uterus contained a male foetus of 42 cms. in length date 1.5 kgs. in weight. This was revealed in the post-mortem report Ex.P1. Her gestation person was 32 to 26 weeks. 3. The Motor Accident Claims Tribunal held that the accident took place because of the rash and negligent driving of the Haryana Roadways Bus which was being driven by Tara Chand-respondent. Yash Pal-claimant PW1 deposed that he along with his wife were going on the left side of the road when Narinder Kaur was hit by a Haryana Roadways Bus from behind. He further stated that both he and his wife were walking at the time when the accident occurred. An FIR Ex.PW2 was registered immediately after the accident which was duly proved. A persual of the testimony of eye-witness Yash Pal makes it clear that the accident took place because of the rash and negligent driving of the Haryana Roadways Bus which has knocked down a pedestrian. 4. The matter was referred to the Lok Adalat which vide its proposed order dated March 1, 2001 determined the total compensation on account of death of Narinder Kaur to be Rs. 2,14,000/-. This proposed order was, however, not acceptable and the respondents have filed objections. 5. I have perused the order of the Lok Adalat. 4. The matter was referred to the Lok Adalat which vide its proposed order dated March 1, 2001 determined the total compensation on account of death of Narinder Kaur to be Rs. 2,14,000/-. This proposed order was, however, not acceptable and the respondents have filed objections. 5. I have perused the order of the Lok Adalat. From the evidence on record it is clear that the deceased apart from house-hold work was also doing the work of tailoring. In such circumstances, we take the minimum earning capacity of the deceased to be Rs. 1500/- per month. By allowing a deduction of Rs. 500/- towards personal expenses the dependency of the claimants i.e. husband and three minor children of the deceased comes to Rs. 1000/- per month. As the deceased was 25 years of age at the time of her death, therefore, as per the schedule attached to the Motor Vehicles Act, a multiplier of 17 can be applied. Thus, the compensation is calculated at Rs. 1000 x 12 x 17 - Rs. 2,04,000/-. To this amount we can also add a sum of Rs. 10,000/- towards funeral expenses and loss of consortium, making a total compensation of Rs, 2,14,000/-. The claimants would also be entitled to interest at the rate of 9% per annum from the date of filing of the claim petition till the date of payment. 6. Thus, the appeal filed by the claimants is allowed and the objections raised by the respondents are dismissed. 7. In view of the above discussion, I award a total compensation of Rs. 2,14,000/- along with 9% interest from the date of filing of claim petition till the date of payment on account of death of Narinder Kaur to the claimants. The amount already received by the appellants shall be adjusted. The balance amount of compensation shall be shared equally by the husband Yash Pal and the three minor daughters Nisha, Rajni and Reena. The shares of the minors would be deposited in a Nationalised Bank in Fixed Deposit to be paid to them on attaining majority. The amount shall be deposited before the Motor Accident Claims Tribunal within a period of three months from the date of receipt of a certified copy of this order. Appeal allowed.