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2005 DIGILAW 1489 (RAJ)

Kaluram v. Gopal Swami

2005-05-18

J.R.GOYAL

body2005
Judgment J.R. Goyal, J.-A young boy, Puran Mal aged 17-18 years, died in a road accident which occurred on 06.05.1986, when he was going by his cycle towards Jhotwara Road. One bus bearing registration No. RNE 3807- owned by respondent Rajasthan State Road Transport Corporation, rashly and negligently driven by respondent No.1, came from opposite direction and hit Puran Mal, resulting to his death. 2. Claimant-appellants, who are father, mother, sisters and brother of deceased Puran Mal, filed MAC Case No. 289/1986 before the Motor Accident Claims Tribunal, Jaipur City, wherein award was passed on 210.1994. Aggrieved by the award on the ground of inadequacy, this appeal has been preferred. 3. Learned Tribunal found that deceased Puran Mal was a student and non earning member of the family. Compensation of Rs.50,000/-in lump sum was awarded and further a sum of Rs.15,000/-was awarded for loss of love and affection to the claimants. 4. Learned Counsel for the appellants contended that deceased Puran Mal was engaged in the job of dent repairs and painting and earning Rs.1,200/-to 1,300/-per month, but without any cogent reason, learned Tribunal discarded the evidence. It has also been contended that the deceased was a young boy, having good future prospects. Thus, even considering notional future income of the deceased, appropriate multiplier should have been adopted. Reliance has been placed upon the Judgment rendered by Honble the apex Court in he case of Shanti Bai & Ors. vs. Charan Singh & Ors, 1998 ACJ 848. It has also been submitted that learned Tribunal without any reasonable cause, disallowed the interest for six years, while it is a settled position of law that from the date of the claim application reasonable interest should be awarded. Reliance has also been placed on the Judgment rendered in Choudhary Ratanji Venaji & Anr. vs. Hastimal Mohanlal & Anr, 2004 ACJ 1337 . 5. Learned Counsel for the respondent Insurance Company supported the award and contended that compensation was awarded on proper appreciation of evidence. It has also been contended that the matter was delayed in the trial Court because of inaction on the part of claimant appellants. Thus, learned tribunal rightly, did not award interest for a period of six years. 6. I have considered the rival contentions and perused the entire record. It has also been contended that the matter was delayed in the trial Court because of inaction on the part of claimant appellants. Thus, learned tribunal rightly, did not award interest for a period of six years. 6. I have considered the rival contentions and perused the entire record. Learned Tribunal has found that deceased Puran Mal aged 17-18 years, died in the road accident due to negligent driving of the bus driven by respondent No.1 Gopal Swami. This finding has not been challenged by the Rajasthan State Road Transport Corporation. 7. The only point for determination in this appeal is whether the compensation awarded by the learned Tribunal is inadequate? So far income of the deceased Puran Mal is concerned, Kaluram-father of the deceased stated that his son was serving with Soni Lal and getting Rs.1,200/- to 1,300/- per month, while in the claim application he averred that deceased was working in his own workshop and was earning Rs.1,000/-per month. Looking to the contradictory evidence, learned Tribunal held that Puran Mal was a student and non earning member of the family. Honble the apex Court in the case of Shanti Bai (Supra), under similar circumstances, on the principle of notional future income, enhanced the award to Rs.1,50,000/-from Rs.40,000/-. In the case of Manju Devi & Anr. vs. Musafir Paswan & Anr, 2005 (1) TAC 609 (SC), Honble the apex Court, in view of the ratio laid down in U.P. State Road Transport Corporation vs. Trilok Chandra, 1996 ACJ 831, held that for just compensation, multiplier method should be adopted and in that case, on the death of a boy aged 13 years, adopting the principle of notional income and applying multiplier of 15, total compensation of Rs.2,25,000/-was awarded. 8. In the instant case, in view of the decision in Shanti Bais case (Supra), it would be appropriate to determine the income of deceased Puran Mal on notional basis Rs.1,500/- per month, and after deducting one-third on account of his personal expenses, dependency is assessed Rs.1,000/-per month. 9. Claimant appellants-father and mother of the deceased, were in the age group between 40 and 45 years at the time of death of Puran Mal. Taking the provisions of second schedule under Section 163-A of the Motor Vehicles Act, 1988 as a guideline, multiplier of 15 would be reasonable. 9. Claimant appellants-father and mother of the deceased, were in the age group between 40 and 45 years at the time of death of Puran Mal. Taking the provisions of second schedule under Section 163-A of the Motor Vehicles Act, 1988 as a guideline, multiplier of 15 would be reasonable. Thus, total loss of dependency comes to Rs.1,000 x 12 x 15 = Rs.1,80,000/-. 10. So far interest part is concerned, learned Tribunal disallowed the same for six years on the ground that proceedings were delayed because of inaction on the part of claimant appellants. 11. A perusal of the order sheets of the lower Court transpires that the case was adjourned many times on account of strike of the advocates and sometimes it was adjourned because Lok Adaiat could not be held. In the light of the aforesaid facts and circumstances I am of the view that claimant appellants are entitled to the payment of interest from the date of filing of the claim application. 12. Consequently, appeal is partly allowed and award passed by the learned Tribunal is modified to the extent that claimant appellants will get compensation Rs.1,80,000/-+ Rs.15,000/-, as awarded by the learned Tribunal for loss of love and affection, instead of Rs.65,000/-. Appellants are also entitled to get the interest from the date of filing of the claim application and further on enhanced amount of Rs.1,30,000/-they will get interest at the rate of 6% per annum from the date of filing of the claim application till payment.