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2005 DIGILAW 189 (MP)

Damyantibai v. Mahesh Kumar

2005-02-08

A.K.AWASTHY

body2005
ORDER A.K. Awasthy, J. 1. The appellant/claimants have filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the increase of the amount of award dated 13.12.2000 in Claim Case No. 184/1998 passed by learned Fourth Member of Motor Accident Claims Tribunal, Indore, wherein the amount of Rs. 85,000/- was provided of the vehicular death along with interest @ 12% p.a. from 14.11.1998. 2. The case of the claimants is that on 22.6.1998 when Basantilal was coming to Indore from Sanwer on the Hero Honda bearing registration number MP-09/ JC-2378 at about 1.00 a.m. near village Laxmankhedi, respondent No. 2 while driving his motorcycle rashly and negligently fell in the pit and Basantilal died on account of the injury received by him in the accident. That the report was lodged in Police Station Sanwer and the case was registered under Section 304A of the I.P.C. against respondent No. 2. That respondent No. 1 was the owner of the vehicle and respondent No. 3 was its insurer. That the age of the deceased Basantilal was 49 years and he was earning Rs. 5,000/- per month by doing the business of readymade garments. That it is alleged that claimant No. 1 is the wife and other claimant Nos. 2, 3 and 4 are the sons of the deceased. They have claimed for the amount of Rs. 10,000/-, jointly and severally, from the respondents. 3. Respondent Nos. 1 and 2 proceeded ex parte. The case of respondent No. 3 Insurance Company is that the driver of the vehicle was not having the valid licence. It is further alleged that the accident was not on account of the rash and negligent driving. It is denied that the age of the deceased was 49 years and he was earning Rs. 5,000/- per month. 4. Learned Counsel for the appellants has prayed for the enhancement of the amount of award on two grounds. Firstly, that the multiplier adopted is less as the age of the deceased was only 49 years; and secondly, that the learned Tribunal has not properly assessed the annual income of the deceased. 5. From the post-mortem report, it is clear that the age of the deceased was 60 years. The claimants have not produced any documentary evidence, such as the voters list, etc., to prove the age of the deceased. 5. From the post-mortem report, it is clear that the age of the deceased was 60 years. The claimants have not produced any documentary evidence, such as the voters list, etc., to prove the age of the deceased. In view of the fact that the age of the deceased is mentioned 60 years in the post-mortem, the learned Tribunal has rightly held that the age of the deceased was in between 55 and 60 years and has not committed any error in applying the multiplier of 8. 6. Damyantibai (P.W.-1) has stated that deceased Basantilal was her husband and he was doing the business of the readymade garments and his monthly income was more than Rs. 5,000/-. The claimants have examined Umesh (P.W.-2) and Rajesh (P.W.-3) who stated that deceased Basantilal was employed for stitching the garments and he was doing the business of readymade garments. It is admitted by Umesh (P.W.-2) in para 3 of its cross-examination that deceased Basantilal was used to maintain the accounts and details of the amount paid by him to the labourers who were mentioned in his account books. The account book is not produced by the claimants. It is admitted by Damyantibai (P.W.-1) that the eldest son of the deceased aged about 27 years also used to looking after the shop of the garments. The registration certificate of the shop is also not produced. However, looking to the age of the deceased and the business which he was doing, it will be proper to hold his monthly income was about Rs. 2,100/-. Consequently the dependency is assessed at Rs. 1,400/- per month and annual dependency by multiplying from 12 will be Rs. 16,800/- and by adopting the multiplier of 8, the claimants will be entitled to get the amount of Rs. 1,34,000/-. The claimants are entitled for the expenses of the cremation and loss of consortium, love and affection, etc. and as such they are entitled for total amount of the compensation of Rs. 1,40,000/-. 7. Consequently the appeal is allowed and the amount of Rs. 55,000/- is enhanced and, as such, the total amount of the award will be Rs. 1,40,000/- (one lac forty thousand). The claimants will be entitled for the interest @ 6% p.a. from the date of presentation of the application till the realisation of the amount on the enhanced amount of Rs. 55,000/- (fifty five thousand). 55,000/- is enhanced and, as such, the total amount of the award will be Rs. 1,40,000/- (one lac forty thousand). The claimants will be entitled for the interest @ 6% p.a. from the date of presentation of the application till the realisation of the amount on the enhanced amount of Rs. 55,000/- (fifty five thousand). Parties to bear their own costs of the appeal.