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2006 DIGILAW 744 (AP)

RAMBAI v. MAHESH SINGH

2006-06-29

A.K.GOHIL, S.SAMVATSAR

body2006
GOHIL, J. ( 1 ) CLAIMANTS have filed this appeal for enhancement of compensation under section 173 of Motor Vehicles Act, 1988 against the award dated 22. 8. 1996 passed by the Additional Motor Accidents claims Tribunal, Gohad, District Bhind, madhya Pradesh in Claim Case No. 14 of 1994. ( 2 ) BRIEF facts of the case are that the deceased Motiram was a fruit vendor. He was aged about 25 years. On 2. 2. 1994 the deceased was coming on a scooter towards gohad from Gohad Chauraha; near Mandi and Deepak Dal Mill the offending bus No. MKH 7730 was coming from the opposite side. The vehicle was: being driven rashly and negligently. The bus came towards the wrong side and hit the scooter of the deceased. Because of the said accident the deceased died on spot. Respondent No. 1, who was driving the said bus, did not stop the bus and ran away from the spot. The incident was reported to Police Station, gohad. The respondent No. 1 was arrested and the bus was also seized and after the investigation charge-sheet was filed. The claimants, who are the widow, father and mother of the deceased, have jointly filed claim petition claiming compensation of rs. 20,10,000. ( 3 ) THE Tribunal found that the deceased was a fruit vendor and was involved in selling fruits on a handcart and held that he was earning Rs. 50 per day for 25 days in a month and assessed his income at rs. 1,250 per month and after deducting an amount of Rs. 350 towards personal expenses assessed the amount of dependency as rs. 900 per month and Rs. 10,800 per year. After applying multiplier of 17 the Tribunal assessed the compensation of rs. 1,83,600 and also awarded a sum of rs. 9,500 in various other heads. Thus, the tribunal awarded the total compensation of Rs. 1,93,100 with interest at the rate of 12 per cent per annum from the date of application and apportioned the amount between all the claimants, equally. Against which the claimants have filed this appeal for enhancement of compensation. ( 4 ) WE have heard the learned counsel for the parties. Mr. Thus, the tribunal awarded the total compensation of Rs. 1,93,100 with interest at the rate of 12 per cent per annum from the date of application and apportioned the amount between all the claimants, equally. Against which the claimants have filed this appeal for enhancement of compensation. ( 4 ) WE have heard the learned counsel for the parties. Mr. Arun Sharma, learned counsel appearing for claimants submitted that Tribunal has not properly assessed the monthly income of the deceased, who was working as fruit vendor though on a handcart but he was earning around Rs. 150 per day. In the cross-examination, witnesses have stated that the deceased was earning rs. 120 to Rs. 130 per day and the Claims tribunal has wrongly assessed the income as Rs. 50 per day. In reply, Mr. M. P. Agrawal, the learned counsel appearing for the insurance company, supported the award and stated that though the deceased was fruit vendor and selling the fruits on cart but he was doing so in a small place at gohad, therefore, it cannot be held that his income was more than Rs. 50 per day and prayed for rejection of appeal as the award is just and proper. ( 5 ) WE have heard and perused the evidence. It is not denied that the deceased was working as fruit vendor and as per the evidence he was earning more than Rs. 50 per day. We have also considered the place where he was carrying his business. Gohad is on the main road between Gwalior and bhind and it cannot be said that it is a small place or a person residing at Gohad and working as fruit vendor cannot earn rs. 100 per day. Considering overall evidence, we are of the view that Tribunal has not assessed per day income properly. In fact, as per the Schedule, income of a person has been fixed as Rs. 15,000 per year and for a working person it can be held that the deceased was earning Rs. 2,000 per month and Rs. 24,000 per year. ( 6 ) THEREFORE, considering the overall evidence and looking to the various aspects we consider the monthly income of the deceased as Rs. 2,000. 00 and Rs. 24,000. 00 per year. After deducting the amount for personal expenses, the amount of dependency comes to Rs. 16,000. 2,000 per month and Rs. 24,000 per year. ( 6 ) THEREFORE, considering the overall evidence and looking to the various aspects we consider the monthly income of the deceased as Rs. 2,000. 00 and Rs. 24,000. 00 per year. After deducting the amount for personal expenses, the amount of dependency comes to Rs. 16,000. 00 per year and after applying multiplier of 17, total compensation would come to Rs. 2,72,000. 00 and further sum of Rs. 28,000 is awarded towards the various heads. Thus, claimants are entitled for a total compensation of Rs. 3,00,000. 00 (rupees three lakh) and the same is to be apportioned fifty-fifty between the widow and parents of the deceased. The claimants would be entitled for further interest at the rate of 6 per cent per annum on the enhanced amount of compensation. A sum of rs. 500 is awarded towards costs. ( 7 ) CONSEQUENTLY, this appeal is allowed and amount of compensation is enhanced from Rs. 1,93,100. 00 to Rs. 3,00,000. 00 (rupees three lakh) as indicated above. Counsel's fee Rs. 500. 00, if certified. Appeal allowed. - .