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2004 DIGILAW 1704 (RAJ)

KASHI BEHAN v. DHANNA SINGH

2004-12-01

DALIP SINGH

body2004
Judgment DALIP SINGH, J. ( 1 ) THESE appeals arise out of the same award dated 2. 2. 1995 passed by Motor Accidents Claims Tribunal, Dausa arising out of Claim Petition no. 6 of 1993 filed by the appellant on account of death of Prabhat Singh, husband of Kashi Behan appellant No. 1 and father of appellant Nos. 2 to 7 in Claim Petition no. 7 of 1993 filed by Chattar Singh and his wife for the death of their son Upendra singh who died as a result of the motor accident involving jeep No. GJ 17-A 7763 in which the deceased were travelling and which was struck by the truck No. PB 10-E 9109. As a result of the said accident the deceased persons Prabhat Singh and upendra Singh received multiple injuries and died as a result thereof. Since these two appeals are arising out of the same award, therefore, they are being heard and decided together. C. M. A. No. 517 of 1995: ( 2 ) THE submission of the learned counsel for the appellants is that in the case of c. M. A. No. 517 of 1995 filed by Kashi behan for the death of Prabhat Singh is concerned, learned Tribunal has assessed the dependency while determining the loss of income as Rs. 2,600 per month and adopted a multiplier of 5 which is wholly inadequate and contrary to the provisions contained in Second Schedule to the Motor vehicles Act, 1988. Learned counsel for appellants further submits that as per the case of appellants, the age of the deceased was 45 years and in such cases, a multiplier of 13 ought to have been adopted. ( 3 ) ON the other hand, learned counsel for the respondents submits that no proof of age has been submitted by the appellants, the deceased was a conductor with gujarat State Road Transport Corporation and from his service record, the certificate of age could have been produced and that was the best evidence available with the appellants. Since the appellants have failed to produce the evidence available to them, the finding of the Tribunal with regard to the age of the deceased was 56 years which has been arrived at on the basis of the postmortem report, Exh. Since the appellants have failed to produce the evidence available to them, the finding of the Tribunal with regard to the age of the deceased was 56 years which has been arrived at on the basis of the postmortem report, Exh. 3 of the deceased wherein the age of the deceased has been given as 56 years and a multiplier of 11 as per the provisions of Second Schedule to the Motor Vehicles Act, 1988 could at best be adopted. ( 4 ) LOOKING to the aforesaid facts, I am inclined to agree with the submissions made at the Bar that the Tribunal has rightly held the age of the deceased to be 56 years on the basis of the post-mortem report and that the multiplier of 11 could safely be adopted and which is based upon the Second Schedule to the Motor Vehicles act, 1988. Consequently, the amount of loss of income in the case of Kashi Behan for the death of Prabhat Singh is calculated as Rs. 2,600 x 12 multiplied by 11 is equal to Rs. 3,43,200 which the appellants are entitled to receive. The learned Tribunal in the award has assessed the compensation for loss of income as Rs. 1,56,000 which has already been paid to the claimants-appellants. The said amount of Rs. 1,56,000 is liable to be deducted from the amount of Rs. 3,43,200 and the balance comes to rs. 1,87,200 which the appellants would be entitled to receive. The respondents are, therefore, directed to pay or deposit the same by way of demand draft or crossed cheque or to deposit with the Tribunal within a period of three months from today. However, in case, the amount is paid or deposited within the stipulated period as indicated above, the respondents will pay interest to the appellants on the said amount of Rs. 1,87,200 (Rs. one lakh eighty-seven thousand two hundred only) at the rate of 6 per cent per annum w. e. f. the date of filing of this appeal, i. e. , 10. 5. 1995. It is made clear that in case respondents fail to pay or deposit the amount within 3 months from today, the appellants would be entitled to get the interest on the said amount at the rate of 9 per cent per annum w. e. f. the date of filing of the claim petition, i. e. , 17. 10. 1992. 1995. It is made clear that in case respondents fail to pay or deposit the amount within 3 months from today, the appellants would be entitled to get the interest on the said amount at the rate of 9 per cent per annum w. e. f. the date of filing of the claim petition, i. e. , 17. 10. 1992. C. M. A. No. 602 of 1995: ( 5 ) SO far as Appeal No. 602 of 1995 filed by Chhattar Singh for the death of his son Upendra Singh is concerned, the submission of the learned counsel for the appellants is that the deceased was aged 12 years and in the case of death of minor children, their Lordships of Honble Supreme court in the case of Shanti Bai v. Charan Singh, 1998 ACJ 848 (SC), have awarded lump sum amount of Rs. 1,50,000. Learned counsel for the appellants had also relied upon a decision of this court in badri v. Surendra Kumar, 2002 ACJ 853 (Rajasthan), wherein also for the death of deceased girl Kumari Soni aged 9 years, a lump sum amount of Rs. 1,50,000 has been awarded as compensation to the claimants. The learned counsel for the respondents has not disputed this proposition. ( 6 ) IN the facts and circumstances of the instant case and the judgment relied upon by the learned counsel for the appellants, i am inclined to take the same view as has been taken in the aforesaid cited cases. Consequently, I award Rs. 1,50,000 as compensation for the death of Upendra singh, minor aged 12 years to the appellants who are the parents of the deceased. As the amount of Rs. 35,000 which was awarded by the Tribunal has already been paid to the appellants, the said amount of rs. 35,000 would be deducted from the enhanced amount of Rs. 1,50,000. ( 7 ) CONSEQUENTLY, the respondents are directed to pay to the appellants a sum of rs. 1,15,000 (Rs. one lakh fifteen thousand only) by way of demand draft or crossed cheque or to deposit the same with learned tribunal within a period of three months from today. 35,000 would be deducted from the enhanced amount of Rs. 1,50,000. ( 7 ) CONSEQUENTLY, the respondents are directed to pay to the appellants a sum of rs. 1,15,000 (Rs. one lakh fifteen thousand only) by way of demand draft or crossed cheque or to deposit the same with learned tribunal within a period of three months from today. In case, the said amount is paid or deposited, as indicated above, the appellants would be entitled to get interest on the said amount at the rate of 6 per cent per annum from the date of filing of this appeal, i. e. , 10. 5. 1995. However, in case, the respondents failed to deposit or pay the said amount of Rs. 1,15,000 the appellants would be entitled to get interest at the rate of 9 per cent per annum w. e. f. the date of filing of the claim petition, i. e. , 17. 10. 1992. ( 8 ) CONSEQUENTLY, both the appeals are allowed to this extent as indicated above. No order as to costs. Appeals allowed. .