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2003 DIGILAW 218 (MP)

NEENA BAJAJ v. UTTAM LAKH

2003-02-03

BHAWANI SINGH, S.L.JAIN

body2003
BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Satna, in Claim Case No. 241 of 1995, dated 20. 1. 1996. ( 2 ) SHORTLY stated, Sunil Bajaj (deceased)along with Kailash Sharma and Ashish thakur came to Satna in jeep bearing registration No. MP 21-6548, on 25. 2. 1994. Driver Uttam Lakh drove jeep rashly and negligently and turned it abruptly on curve, as a result it turned turtle. The deceased suffered serious injuries, taken to District hospital for treatment, but he died. Matter was reported at Police Station, Satna and the vehicle subjected to mechanical examination. Later, criminal case was initiated against the driver. At the time of accident, the deceased was 33 years old. He was working in Saravgi Mahavidyalya, Katni, as Assistant Professor, receiving salary of rs. 3,300 per month. Accordingly, claim for compensation has been made by the legal heirs. ( 3 ) THE respondents allege that the accident took place due to mechanical fault, therefore, they are not responsible for the same. Accordingly, the Claims Tribunal framed four issues. It came to conclusion that the accident took place as alleged and claimants are entitled to claim compensation jointly and severally from the owner and driver of the vehicle. Compensation of Rs. 2,20,000 has been awarded carrying interest at the rate of 12 per cent per annum. The shares of claimant Nos. 2 and 3 have been ordered to be deposited with a nationalised bank in fixed deposit till they attain majority. ( 4 ) THROUGH this appeal, award has been challenged on two grounds, namely, just compensation has not been awarded on the ground that the income of the deceased has not been correctly calculated and that multiplier of 17, applicable in this case, has not been applied. There is no dispute with regard to taking place of accident, as alleged by the claimants, but for rash and negligent driving of the vehicle, it would not have taken place. Finding recorded by the learned Claims Tribunal is, therefore, sustained. ( 5 ) THERE is dispute with regard to the income of the deceased. Mr. R. K. Thakur, learned counsel for insurance company, submits that as per agreement Exh. P/9, the deceased was being paid Rs. 2,200 per month for a period of one year. This agreement is dated 14. 9. 1993. ( 5 ) THERE is dispute with regard to the income of the deceased. Mr. R. K. Thakur, learned counsel for insurance company, submits that as per agreement Exh. P/9, the deceased was being paid Rs. 2,200 per month for a period of one year. This agreement is dated 14. 9. 1993. Accident took place within one year of his employment on 25. 2. 1994. Therefore, it has rightly been calculated. Further, multiplier of 15 has been rightly applied in this case. ( 6 ) MR. Ashok Lalwani, learned counsel for the claimants, submits that there may be agreement for payment of Rs. 2,200 per month to the deceased for one year, but before expiry of this period, the deceased was released pay scale of Rs. 2,200-75-2,800-100-4,000 along with allowances. This resolution, Exh. P/11-C, was dated 3. 10. 1993. Following this resolution, the deceased started receiving the salary of rs. 3,300 per month, vide Exh. P/10, from 3. 2. 1994. Therefore, the income ought to have been calculated on this basis as the deceased was being paid Rs. 3,300 per month. This submission is sought to be supported by salary of January, 1994 paid on 3. 2. 1994, Exh. P/10. At the time of accident, the deceased was 32 years old, therefore, multiplier of 17 is applicable. We find substance in the contention of Mr. Ashok Lalwani. Therefore, income of the deceased has to be calculated on the basis of Exh. P/10. Consequently, annual dependency, after deduction of 1/3rd towards personal expenses, comes to Rs. 26,400 and multiplied it by 17, compensation comes to Rs. 4,48,800 (rupees four lakh forty-eight thousand eight hundred) plus rs. 7,000 for loss of expectancy of life, rs. 5,000 for loss of consortium, Rs. 2,500 for loss to estate and Rs, 2,000 for funeral expenses, taking the total compensation to rs. 4,65,300 (rupees four lakh sixty-five thousand three hundred ). Enhanced compensation shall be paid with interest at the rate of 9 per cent per annum from the date of application till payment as under:shares of Mohit Kumar Bajaj and Dipti bajaj shall be invested in Post Office scheme (s) fetching highest rate of interest for the period they attain majority. ( 7 ) APPEAL is allowed in terms aforesaid. Costs on parties. Appeal allowed. .