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Madhya Pradesh High Court · body

2007 DIGILAW 169 (MP)

Mukhtyar Singh v. Amar Singh

2007-02-13

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Judgment ( 1. ) CLAIMANTS, who are the parents, mother and father of the deceased have filed this appeal under section 173 of the motor Vehicles Act, 1988, against the award dated 27. 11. 1997 in the claim Case No. 40 of 1995 for enhancement of compensation. ( 2. ) BRIEF facts of the case are that the deceased Dilbagsingh was working as a driver on truck No. MP 07-G 1152 and on 20. 10. 1995 he was coming from Bombay to Gwalior. In the way near Sendhva barrier adjoining to village Balsamund, one tyre of the truck got punctured. Deceased dilbagsingh and deceased Tarsemsingh, who was working as second driver on the truck were changing the wheel of the truck. At that time one truck No. UP 80-E 9431 came from back side. It is stated that the said vehicle was being driven rashly and negligently by Amar Singh, respondent no. 1, who was driving the said vehicle and it dashed both the drivers. As a result of this accident, both died on the spot. Crime was registered at P. S. Nagalwadi, district Khargone and thereafter the claimants, those who are the parents; mother and father of the deceased Dilbagsingh filed claim petition for claiming compensation. Claim was contested by respondents. After recording evidence of the parties, learned tribunal found that the accident took place because of rash and negligent driving of the driver of the truck No. UP 80-E 9431 and because of the accident both drivers died on the spot. Tribunal has also held that the aforesaid offending truck was insured with the insurance company, respondent no. 3 and the company is liable for payment of compensation. Learned Tribunal awarded compensation of Rs. 1,68,000 to the claimants. Claimants have filed this appeal for enhancement of compensation. ( 3. ) WE have heard the learned counsel for the parties, perused the evidence on record. Mr. R. P. Gupta, learned counsel for the appellants submitted that the Tribunal has not properly applied the multiplier, which is applicable on the age of the mother. The age of the mother is around 50 years and for the age group of 45-50, multiplier of 13 is applicable but instead tribunal has applied the multiplier of 10. Mr. R. P. Gupta, learned counsel for the appellants submitted that the Tribunal has not properly applied the multiplier, which is applicable on the age of the mother. The age of the mother is around 50 years and for the age group of 45-50, multiplier of 13 is applicable but instead tribunal has applied the multiplier of 10. He further submitted that the Tribunal has also not awarded any compensation in the head of loss of love and affection, loss to estate and in the head of funeral expenses. In reply, learned counsel appearing for the insurance company vehemently opposed the submissions made by learned counsel for the appellants and submitted that the award is just and proper and there is no scope for any enhancement in the same. ( 4. ) AFTER hearing the learned counsel for the parties, we have perused the findings recorded by the Tribunal. Claims Tribunal has assessed the salary of the deceased at rs. 2,000 p. m. , which appears to be just and proper looking to this fact that the accident took place on 20. 10. 1995 and on that date a truck driver must be getting salary of near about Rs. 2,000 p. m. and rs. 24,000 per year. After deducting 1/3rd amount towards the personal expenses, the tribunal has rightly held that the amount of dependency would come to Rs. 16,800 per annum. Tribunal has applied the multiplier of 10. There is no dispute about the age of the mother. No contrary evidence was led by respondents that the age of the mother of deceased is more than 50 years. Therefore, we hold that Tribunal has not applied the proper multiplier in the case. We consider that the age of mother was 50 years and for the age group of 45-50, multiplier of 13 would be applicable in this case. Therefore, on application of the multiplier of 13, the claimants would be entitled for compensation of Rs. 16,800 x 13 = Rs. 2,18,400. We have also considered this aspect of the matter that Tribunal has not awarded any compensation in the head of loss of love and affection, loss to estate and in the head of funeral expenses. Therefore, we award a sum of Rs. 21,600 under the aforesaid heads and award total compensation of Rs. 2,40,000 (rupees two lakh forty thousand) to the claimants. Therefore, we award a sum of Rs. 21,600 under the aforesaid heads and award total compensation of Rs. 2,40,000 (rupees two lakh forty thousand) to the claimants. Thus, the amount of compensation is enhanced from Rs. 1,68,000 to Rs. 2,40,000. The enhanced amount will also carry interest at the rate of 8 per cent per annum from the date of filing of the appeal. The enhanced amount be deposited in the fixed deposit in the name of the mother of the deceased for a period of five years and she will be entitled to receive monthly interest thereof. ( 5. ) CONSEQUENTLY, the appeal is allowed as indicated above. Counsels fee Rs. 500. Appeal allowed.