BHAWANI SINGH, CJ. ( 1 ) THIS appeal is directed against the award of Motor accidents Claims Tribunal, Betul, in M. A. C. No. 29 of 1999, dated 4. 5. 2001. ( 2 ) NANDINI Verma (wife) and Shree verma alias Bittu (minor daughter) have filed claim before the Motor Accidents claims Tribunal, Betul, for compensation of Rs. 70,59,771 on the death of Shyam sunder Verma in a motor accident on 26. 9. 1996. He was travelling by bus No. CR 13-3426 from Cuttack to Jagdalpur, where he was posted as Junior Scientist in zonal Agricultural Research Centre under indira Gandhi Agricultural University, raipur, when he was run over by the bus having fallen down from it. Allegation is that the accident occurred due to rash and negligent driving by Devendra Nath who did not stop the bus despite requests by the deceased to enable him to vomit and when he could not resist, he started vomiting through the window of the bus and the driver applied brakes all of a sudden as a result of which the deceased fell down from the bus and was run over by it. The bus was owned by Sushila Sahu and was insured with New India Assurance Co. Ltd. The family was depending on him for survival. With this accident, they lost the sole bread-earner of the family. ( 3 ) OWNER and driver did not contest the claim after filing the written statement and were proceeded ex pane on 10. 10. 1998. Insurance company stated that the driver and conductor are jointly and severally liable for the claim and the deceased ought to have been careful in the moving bus which was being driven against the terms and conditions of the insurance policy. ( 4 ) CLAIMS Tribunal framed 5 issues in the case and parties led evidence. Claims tribunal held that the accident took place due to rash and negligent driving of the bus by the driver as a result of which the deceased fell down from it and died. The driver possessed a valid driving licence at the time of accident. Compensation of rs. 7,77,568 has been awarded carrying interest at the rate of 8 per cent per annum from 1. 12. 1997. Claimants are aggrieved by the award and, therefore, they seek enhancement of compensation through this appeal.
The driver possessed a valid driving licence at the time of accident. Compensation of rs. 7,77,568 has been awarded carrying interest at the rate of 8 per cent per annum from 1. 12. 1997. Claimants are aggrieved by the award and, therefore, they seek enhancement of compensation through this appeal. ( 5 ) THERE is evidence pointing out that taking place of the accident was due to rash and negligent driving of the bus by the driver. The driver did not stop the bus on the request of the deceased who wanted to go for vomiting. Therefore, he had to vomit through the widow in the moving bus and while doing so, the driver applied the brakes immediately, door fell open, deceased fell down and came under the vehicle and died. Negligence of the driver is writ large, otherwise accident would not have taken place. Finding of Claims tribunal on this question is based on proper appreciation of evidence and is, therefore, confirmed. ( 6 ) THE main question for determination is whether the claimants have been justly compensated. Mr. Dixit, learned counsel for the claimants, vehemently submits that at the time of accident, the deceased was junior Scientist with good future prospects of earning promotions and higher salary but his life has been cut short by the rash and negligent act of the driver, leaving the family to face bleak future. The accident took place on 26. 9. 1996 and 5th Pay commissions's Report has been implemented from 1. 1. 1996. Deceased was receiving gross salary of Rs. 10,160. He was aged 39 years and could live at least up to 75 years. Proper multiplier in the case should be 16 and not 12, as applied by the Claims tribunal. ( 7 ) MR. Rakesh Jain, learned counsel for new India Assurance Co. Ltd. submits that claimants have been justly compensated for the death of the deceased. It is on the basis of evidence that dependency has been worked out and lower multiplier is used taking into consideration the fact that the amount of compensation is on the higher side. ( 8 ) GIVING consideration to the whole matter, we find that the deceased was receiving gross salary of Rs. 10,160 per month. Deducting 1/3rd towards personal expenditure, yearly dependency comes to rs. 81,264. Multiplied by 16, the amount comes to Rs. 13,00,224 + Rs. 16,500 (Rs.
( 8 ) GIVING consideration to the whole matter, we find that the deceased was receiving gross salary of Rs. 10,160 per month. Deducting 1/3rd towards personal expenditure, yearly dependency comes to rs. 81,264. Multiplied by 16, the amount comes to Rs. 13,00,224 + Rs. 16,500 (Rs. 7,000 for loss of expectancy of life, rs. 5,000 for loss of consortium to wife, rs. 2,500 loss to the estate and Rs. 2,000 as the funeral expenses) = Rs. 13,16,724. Question arises about the rate of interest. Claims Tribunal has awarded interest at the rate of 8 per cent per annum. For cases of this period, the rate of interest has been 12 per cent per annum from the date of application till payment. Therefore, we direct the payment of interest at the rate of 12 per cent per annum from the date of application till the date of award by the claims Tribunal. However, the enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment. The compensation be paid within two months and distributed as under: (i) Nandini Verma (wife) 60 per cent (ii) Shree Verma alias Bittu (minor daughter) 40 per cent since Shree Verma alias Bittu Verma is minor, her share be invested in her name through her mother Nandini Verma till she attains majority. Costs on parties. Appeal allowed. .