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Rajasthan High Court · body

2006 DIGILAW 635 (RAJ)

Vimla v. Visvanath Jangid

2006-02-23

K.C.SHARMA

body2006
JUDGMENT 1. - Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 2nd December, 1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 90,000/-. 2. I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 2,64,000/- under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of negligent driving of driver of Bus No. RJP 3565, awarded a compensation Rs. 90,000/-. 3. On 16th August, 1986 at about 1.30 p.m. deceased Ram Swaroop, who was conductor at Bus No. RJP 3565 was standing on the foot board of the rear window of the said bus and asking the passengers sitting at the roof of the bus to come down. The bus was alleged to be overloaded and the driver was driving the bus rashly and negligently and while passing near a tree, the head of the conductor got crushed in between the bus and the tree, resulting in his death.The date of birth of deceased was 17th January, 1959 as per the Scholar register, meaning thereby his age was 27 years at the time of accident which took place on 16th August, 1986. The Tribunal having assessed loss of income of deceased to his dependents at Rs. 500/- p.m. and applying the multiplier of 15 has awarded a total claim of Rs. 90,000/-. Expect this award as against loss of income of deceased to his dependents, the Tribunal has not awarded anything under any other head. 4. Learned Counsel for the appellant has strenuously contended that the multiplier applied by the learned Tribunal was not in accordance with the schedule attached to the Motor Vehicles Act. He submitted that considering the age of the deceased as 27 years at the time of accident, the learned Tribunal should have applied the multiplier of 18 in terms of the schedule. Further grievance of the learned Counsel is that deceased left behind two minor children, but the Tribunal has not awarded any sum for loss of love and affection to the minors. Further grievance of the learned Counsel is that deceased left behind two minor children, but the Tribunal has not awarded any sum for loss of love and affection to the minors. On this strength, learned Counsel submitted that the award may suitably be modified. 5. I find substance in the argument of the learned Counsel. The Tribunal, keeping in view the age of deceased, should have applied the multiplier of 18 instead 15, in terms of the schedule appended to the Act. That apart, the Tribunal has not awarded any sum as against loss of love and affection to two minors. In the circumstances, therefore, without entering into the question as to the grant of compensation under different heads, I feel ends of justice would be met if suitable compensation in lump sum is awarded to the claimants. In Shanti Bai & Ors. v. Charan Singh and Ors., 1998 A.C.J. 848 : 1999 (1) T.A.C. 22 , a labourer aged 18 years lost his life in a fatal accident. The Tribunal in that case awarded a claim of Rs. 40,000/- only and the High Court dismissed the appeal of the claimants. The Apex Court considering the future economic prospects of the deceased and taking a reasonable view of the amount which the deceased would have earned, had he survived, raised the amount of compensation to Rs. 1,50,000/-. 6. Relying on the aforesaid decision of the Apex Court and taking a reasonable view of the amount which the deceased aged 27 years at the time of accident would have earned had he survived and further taking into account his future economic prospects, I consider it just and proper to enhance the award to a lump sum amount of Rs. 1,50,000/-. Meaning thereby, the appellants namely two minors, father and wife, though she has remarried with her brother-in-law (Devar) will be entitled to an additional amount of Rs. 60,000/- as Rs. 90,000/- have already been awarded by the Tribunal. This additional amount of Rs. 60,000/- shall be deposited by the respondents before the Tribunal within two months from today. The claimants shall be entitled to get interest at the rate of 6% p.a. on the aforesaid enhanced sum with effect from date of application till realisation. On depositing the aforesaid sum along with interest, the Tribunal shall disburse the same among the claimants.Ordered accordingly. *******