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2003 DIGILAW 394 (MP)

PREETAM SINGH v. VIJAY YADAV

2003-03-10

BHAWANI SINGH, S.L.JAIN

body2003
BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against the award of the Motor accidents Claims Tribunal, Mandla, dated 12. 5. 1998 in Claim Case No. 40 of 1995. ( 2 ) SHORTLY stated, on 9. 6. 1993 deceased santosh (20) was travelling in truck bearing No. MKJ 8031. Since the truck was being driven rashly and negligently by the driver, the deceased fell from it and died. There is no dispute about taking place of accident and death of deceased, as alleged. The Claims Tribunal decided this issue in favour of the claimants rejecting the defence taken by the respondents. Compensation of Rs. 65,000 has been awarded with interest at the rate of 12 per cent per annum. ( 3 ) SHORT question for consideration is whether the claimants have been awarded just compensation by the Claims Tribunal? ( 4 ) LEARNED counsel for the parties heard. Record perused. Counsel for the claimants submits that the Claims Tribunal has not assessed the compensation properly, since it did not consider the relevant evidence properly. Mr. Kherdikar, learned counsel appearing for respondent No. 3, submits that looking to the nature of evidence, the award is quite reasonable and justified. ( 5 ) THE deceased was 20 years old at the time of accident. It is stated that he was working as labourer with the truck earning rs. 40-45 per day. This statement is made by father of the deceased, but the owner of the truck who has appeared as witness has not said anything about the income of the deceased. Further, it is also stated that the deceased was attending his agricultural land at home in his village. His father possessed 10 acres of land. However, the evidence with regard to the income of the deceased is not satisfactory for assessing compensation. Therefore, the compensation has to be assessed on the basis of notional income of a non-earning member. Therefore, the deceased is taken to be earning rs. 15,000 annually. After making deduction of 1/3rd towards personal expenses, annual dependency comes to Rs. 10,000 and multiplied by 16, the figure comes to Rs. 1,60,000 plus Rs. 7,000 for loss of expectancy of life, Rs. 2,500 for loss to the estate and Rs. 2,000 for funeral expenses, taking total compensation to Rs. 1,71,500 (rupees one lakh seventy-one thousand five hundred ). After making deduction of 1/3rd towards personal expenses, annual dependency comes to Rs. 10,000 and multiplied by 16, the figure comes to Rs. 1,60,000 plus Rs. 7,000 for loss of expectancy of life, Rs. 2,500 for loss to the estate and Rs. 2,000 for funeral expenses, taking total compensation to Rs. 1,71,500 (rupees one lakh seventy-one thousand five hundred ). ( 6 ) CONSEQUENTLY, the appeal is allowed, award is modified. The claimants are held entitled to compensation of Rs. 1,71,500. The respondent Nos. 1 and 2 are jointly and severally liable for compensation, payable by the New India Insurance Co. Ltd. , with which the truck was insured, within two months. The enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment. ( 7 ) COSTS on parties. Appeal allowed. .