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Rajasthan High Court · body

2005 DIGILAW 1925 (RAJ)

RSRTC v. Bhura Ram

2005-07-27

N.K.JAIN

body2005
Judgment Narendra Kumar Jain, J.-These two appeals, one by RSRTC for dismissing the claim petition and another filed by the legal representatives of injured claimant-Bhuraram for enhancement of amount of compensation, have been filed against the Judgment /award dated 22.08.1996 passed by the Motor Accident Claims Tribunal, Neem-ka-Thana, Sikar in MACT Case No. 16/1994. 2. The injured claimant Bhuraram and his legal representatives filed an application for compensation under Sections 166 & 140 of Motor Vehicles Act in respect of injury sustained by injured Bhuraram in an accident took place on 112.1993 arising out of a motor vehicle. During the pendency of the claim application, the sole injured Bhuraram died due to natural death on 04.06.1996. The claim Tribunal initially passed on order of Rs. 25,000/-as interim compensation, which was paid to claimant and at the time of final award, the Tribunal awarded Rs. 27,000/-towards loss of income for 27 months from the date of accident till the date of natural death assessing monthly income of Rs. 1,000/-per month. In addition to it Rs. 1,200/-for medical expenses and Rs. 850/-for conveyance charges were also awarded. Total compensation of Rs. 29,050/-were awarded to the claimants appellants. The Tribunal directed to adjust Rs. 25,000/-paid to claimant-appellant as interim compensation. The CMA No. 1081/1996 has been filed by claimants for enhancement of the amount of compensation. 3. The RSRTC has filed another appeal (CMA No. 1173/1996) for setting aside the impugned award and for dismissing the application for claim as injured died due to natural death during the pendency of claim application and claimants were not entitled for loss of estate. 4. The contention of claimant appellants is that Rs. 25,000/-was ordered to be paid on account of interim compensation for injuries sustained by injured. The Tribunal has not awarded any amount of compensation towards injuries at the time of final Judgment . He submits that at least Rs. 25,000/-should be awarded as compensation for injuries sustained by injured in addition to compensation awarded for loss of income, medical expenses and conveyance charges. 5. Counsel for the RSRTC contended that injured Bhuraram died due to natutral death during the pendency of claim application, therefore, his legal heirs were not entitled for compensation for loss of estate. The order of compensation of Rs. 27,000/-awarded by the Tribunal under this head should be set aside. 6. 5. Counsel for the RSRTC contended that injured Bhuraram died due to natutral death during the pendency of claim application, therefore, his legal heirs were not entitled for compensation for loss of estate. The order of compensation of Rs. 27,000/-awarded by the Tribunal under this head should be set aside. 6. I have considered the rival submissions and examined the impugned Judgment dated 22.08.1996 and also the record of the Tribunal. 7. There is no dispute that the injured Bhuraram sustained injury in an accident which took place on 112.1993 with the bus of RSRTC. The Tribunal has recorded finding that accident took place due to negligence on the part of bus driver. In the said accident, the injured Bhuraram sustained injury on chest with 10% permanent disability. A copy of the medical certificate (Exhibit-24) dated 010.1994 has been placed on record to show that the injured Bhuraram sustained injury on chest with 10% disability in the accident dated 112.1993. The Tribunal vide its interim award dated 07.03.1995 passed an order directing RSRTC to pay a sum of Rs. 25,000/-towards interim compensation to the claimants. The learned Tribunal considered the statement of AW. 1 Bhuraram himself and thereafter determined the income of the deceased as Rs. 1,000/- per month i.e., 12,000/- per year. The Tribunal after examining statement of AW. 1 Bhuraram who had stated that he was earning Rs. 100-150 per day but in absence of documentary evidence available on record, the learned Tribunal determined the monthly income at Rs. 1,000/-per month. The injured died due to natural death on 04.06.1996, therefore, for a period of 27 months upto the date of death a sum of Rs. 27,000/-was awarded towards loss of estate. In other heads Rs. 1,200/-for medical expenses, Rs. 850/-for conveyance charges had also been awarded but it appears that no compensation has been awarded for chest injury with 10% permanent disability. Therefore, order of Tribunal is modified and it is ordered that a sum of Rs.25, 000/- will further be paid towards compensation for the injury with permanent disability sustained by Bhuraram. Therefore, total amount of compensation comes to Rs. 29,050 + 25,000/-= 54,050/-. A sum of Rs. 29,050/-has already been paid. The RSRTC will now make payment of remaining amount of Rs. Therefore, total amount of compensation comes to Rs. 29,050 + 25,000/-= 54,050/-. A sum of Rs. 29,050/-has already been paid. The RSRTC will now make payment of remaining amount of Rs. 25,000/-with interest at the rate of 6% per annum from the date of filing of claim application i.e. 03.03.1994 till the date of deposit of the amount with the Tribunal. 8. So far as direction of the Tribunal vide impugned order about penal interest on Rs. 4050/-(29050-25000) at the rate of 15% per annum in place of 12% per annum in case the payment of compensation is not made within two months is concerned, the same is set aside. The rate of interest on Rs. 29,050/ or Rs. 4,050/-will be 12% per annum. In case any payment of interest has been made at the rate of 15% per annum then the excess amount of interest, in addition to 12%, shall be adjusted in this enhanced amount of Rs. 25,000/-with interest @ 6% per annum. 9. Consequently, the appeal filed by RSRTC is dismissed and the appeal filed by claimants i.e., CMA No. 1081/1996 is allowed. The amount of compensation is enhanced from Rs. 29,050/-to Rs. 54,050/-. A sum of Rs. 29,050/-has already been paid to the claimants, remaining amount of Rs. 25,000/-with interest at the rate of 6% per annum from the date of filing of claim application i.e., 03.03.1994 shall be deposited with the Tribunal. Counsel for RSRTC wants time to deposit the said amount. Four weeks time is granted to deposit the said amount. The Tribunal is directed to deposit entire amount in the Monthly Income Scheme of the post office for a period of six years in the name of Smt. Bhagwani Devi wife of Shri Bhuraram. She will be entitled to receive the interest on the said M.I.S. and full amount on its maturity. No order as to costs.