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2003 DIGILAW 226 (MP)

MADHYA PRADESH STATE ROAD TRANS. CORPN. v. MADAN KUWAR

2003-02-04

BHAWANI SINGH, S.L.JAIN

body2003
BHAWANI SINGH, C. J. ( 1 ) ). Through these appeals, common award of Motor Accidents Claims Tribunal, Sehore in M. C. C. Nos. 43 and 51 of 1986 dated 30. 6. 1992 has been challenged. Since both appeals arise out of the same accident, they are. being decided by this order. ( 2 ) ACCIDENT took place on 29. 9. 1983 on indore-Jabalpur Road between two buses bearing registration Nos. MPB 6746 and cpo 9076, owned by the appellant. As a result of collision between the two buses due to rash and negligent driving on the part of drivers thereof, Narendra Kumar (31) died while Rameshwar Chouhan sustained injuries. The appellant and drivers denied allegations of rash and negligent driving. The Claims Tribunal framed issues and tried all the cases jointly. For the death of Narendra Kumar, compensation of Rs. 2,00,000 has been awarded and for injuries suffered by Rameshwar Chouhan, compensation amount of Rs. 25,000 has been awarded. ( 3 ) MR. P. K. Mishra, learned counsel for the appellant has challenged the award submitting that the Claims Tribunal has not assessed the compensation properly, therefore, the same deserves to be reduced. Further, rate of interest is on higher side, therefore, it is liable to be reduced to 6 per cent per annum. Claimants are mother, wife and children of the deceased Narendra kumar. They have filed cross-objections seeking enhancement of compensation. It is submitted by Mr. Munshi, learned counsel, that income of the deceased has not been correctly assessed, consequently, just compensation has not been awarded. With respect to rate of interest, learned counsel submits that claimants have been deprived of compensation right from the date of accident. Appellant retained the amount of compensation to which the claimants were entitled; as such, interest has to be paid on the amount of compensation from the date of accident. ( 4 ) FIRST of all, we consider income of the deceased. Narendra Kumar (deceased)was 31 years old at the time of accident (School Certificate, Exh. P-22, on record mentioning date of birth 14. 2. 1952. Date of accident is 29. 9. 1983, therefore, at the time of accident, he was 31 years old ). The deceased was Area Sales Officer in SPS rubber Industries. Substance of evidence is that he was receiving Rs. P-22, on record mentioning date of birth 14. 2. 1952. Date of accident is 29. 9. 1983, therefore, at the time of accident, he was 31 years old ). The deceased was Area Sales Officer in SPS rubber Industries. Substance of evidence is that he was receiving Rs. 2,550 per month, although his successor Multan sethia, AW 7, states that at the time of accident, apart from Rs. 1,000 salary per month, the deceased was entitled to Rs. 400 (rent), one per cent commission on sales and Rs. 60/70 daily allowance. Commission could increase to two per cent if the sales increased more than Rs. 2,00,000. This witness has stated that he was getting rs. 4,000 in 1984 including allowances and commission. With this background, there is no justification in assessing the income of the deceased at Rs. 1,000 per month as done by the Claims Tribunal. Accordingly, we hold that the deceased was earning Rs. 2,550 per month. After making deduction of one-third for personal expenditure, monthly dependency comes to Rs. 1,700 and yearly Rs. 20,400, which, on being multiplied by 17, comes to Rs. 3,46,800. In addition, the claimants are also entitled to Rs. 7,000 for loss of expectancy of life, Rs. 5,000 for loss of consortium to the wife, Rs. 2,500 towards loss to the estate and Rs. 2,000 for funeral expenses. The claimants are also entitled to Rs. 10,000 for medicines, transport, special diet and attendant for the period the deceased remained hospitalised till the death in the hospital on 6. 10. 1983. Thus, the claimants are entitled to compensation of Rs. 3,73,300. ( 5 ) ). Consequently, M. A. No. 431 of 1992 is dismissed and cross-objections allowed. Claimants are awarded compensation of rs. 3,73,300 (rupees three lakh seventy-three thousand and three hundred) payable with interest at the rate of 9 per cent per annum on the enhanced amount from the date of application till payment. The compensation amount shall be distributed as under: (1) Madan Kuwar (mother)-- 10 per cent (2) Nirmala (wife)-- 50 per cent (3) Nimesh Kumar (son)-- 20 per cent (4) Nimisha (daughter)-- 20 per centthe compensation will be paid within a period of two months. ( 6 ) AT this stage, Mr. P. K. Mishra, the learned counsel for appellant submits that he does not press Misc. Appeal No. 483 of 1992 (M. P. State Road Trans. Corpn. ( 6 ) AT this stage, Mr. P. K. Mishra, the learned counsel for appellant submits that he does not press Misc. Appeal No. 483 of 1992 (M. P. State Road Trans. Corpn. v. Rameshwar Chouhan ). Accordingly, the same is dismissed. Costs on parties. Appeals dismissed. .