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2003 DIGILAW 34 (MP)

BENI BAI v. CHHANDILAL

2003-01-08

BHAWANI SINGH, S.L.JAIN

body2003
BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against the award of Motor Accidents claims Tribunal, Tikamgarh in claim Case No. 3 of 1997 dated 26. 8. 1998. ( 2 ) ON 7. 1. 1997 Samudi Ahirwar was going on his cycle from tri-junction on tikamgarh Jatara Road when a jeep bearing registration No. MP 15-6268 owned and driven by Chhandilal rashly and negligently, hit the deceased resulting in the accident in which he died on the spot. The allegation is that accident took place due to rash and negligent driving of the jeep by the driver. Compensation of Rs. 9,50,000 (rupees nine lakh fifty thousand) has been claimed. The deceased was selling skin and doing agricultural and masonry work. From all these sources, he was earning rs. 3,000 per month. The Claims Tribunal rejected the claim on the ground that involvement of this jeep is not established, though compensation of Rs. 54,000 (rupees fifty-four thousand) has been assessed. ( 3 ) THROUGH this appeal, the award has been challenged. First question for determination is whether the claimant has been able to prove that this jeep, insured with united India Insurance Co. Ltd. , was involved in the accident. We find from the statement of Pirva alias Bhidariya, AW 3, that the accident was caused by this jeep while it was being driven rashly and negligently. There is no reason to disbelieve the statement of this witness, being an eyewitness to the occurrence of accident and it cannot be rejected on the ground that his name has not been mentioned in the first information report. Further, Beni Bai has stated in the first information report that the accident was caused by this jeep and this fact was stated to her by Durga. On the basis of two statements, it can safely be concluded that accident was caused by this jeep driven rashly and negligently by chhandilal and conclusion to the contrary recorded by the Tribunal, is set aside. ( 4 ) SECOND question is determination of compensation. Although, it is stated that the deceased was earning Rs. 5,000 from three sources, stated herein before yet in the claim petition the income is Rs. 3,000 per month. Therefore, taking this fact into consideration and deducting Rs. 1,000 towards personal expenditure, the dependency comes to Rs. 2,000 per month and rs. 24,000 a year. Although, it is stated that the deceased was earning Rs. 5,000 from three sources, stated herein before yet in the claim petition the income is Rs. 3,000 per month. Therefore, taking this fact into consideration and deducting Rs. 1,000 towards personal expenditure, the dependency comes to Rs. 2,000 per month and rs. 24,000 a year. At the time of accident the deceased was 35 years old, therefore, taking into consideration the age of parents being 65 (father), 60 (mother), multiplier of 10 would meet the ends of justice in the facts and circumstances of the case. Consequently, amount of compensation works out to Rs. 2,40,000 (rupees two lakh forty thousand) plus Rs. 5,000 for loss of expectancy of life, Rs. 2,500 for loss to estate, rs. 2,000 for funeral expenses, taking the amount of compensation to Rs. 2,49,500. The compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment. The amount of compensation be paid within two months by United India Insurance Co. Ltd. with which the offending vehicle was insured. Costs of the appeal be borne by the parties. Appeal allowed. .