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2007 DIGILAW 440 (UTT)

U. P. STATE ROAD TRANSPORT CORPORATION v. JASBEER

2007-08-10

RAJESH TANDON

body2007
JUDGMENT Hon. Rajesh Tandon, J. Heard Sri Ashish Joshi, counsel for the appellant and Sri K.S. Bora counsel for the respondents. 2. This appeal has been preferred against the Award dated 24.7.2003, passed by the Motor Accident Claims Tribunal, Roorkee. 3. The claimants have preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Ajeet Singh in a motor vehicle accident. According to the claimants on the fateful day on 21.5.1998, Ajeet Singh was going to Rooree from Manglore by his scooter. As soon as he reached near Bichauli, a bus No. UP 80-H 9105 belonging to the appellant Corporation which was, being driven rashly and negligently on the wrong side, dashed the scooter driven by the deceased. The accident was head-on collision. The deceased sustained fatal injuries and died instantaneously. The deceased was 29 years old. He was earning Rs. 2500/- per month. Claimant no. 1 Smt. Jasbeeri is the widow of the deceased while claimant no. 2 Km. Shushma is his daughter. 4. The U.P. State Road Transport Corporation has filed the written statement and submitted that the accident did not take place due to rash and negligent driving of the bus driver but at the time of accident the bus was being driven cautiously with a very slow speed. The accident incurred due to rash and negligent driving of scooter by the deceased. 5. On the basis of the evidence adduced by the claimants, the Claims Tribunal has held that the accident had taken place due to contributory negligence of the bus driver as well as the scooter rider. 6. So far as the compensation is concerned the Tribunal has recorded a finding that at the time of accident the age of the deceased was 29 years. The deceased was doing labour work and he was earning Rs. 2100/- per month. One third amount has been deducted for the own expenses by the deceased and thus annual dependency of the claimant on the income of the deceased has been assessed to be Rs. 16,800/-. Considering the age of the deceased a multiplier of 18 has been selected and thus the amount of compensation has been assessed to be Rs. 3,02,400/-. A lump sum amount of Rs. 10,000/- has been awarded for the last rites of deceased, loss of consortium and loss of estate. 16,800/-. Considering the age of the deceased a multiplier of 18 has been selected and thus the amount of compensation has been assessed to be Rs. 3,02,400/-. A lump sum amount of Rs. 10,000/- has been awarded for the last rites of deceased, loss of consortium and loss of estate. Thus a total sum of Rs. 3,12,400/- as been assessed as compensation. As the accident was held to have taken place due to contributory negligence of the scooter driver (deceased himself) and the bus driver, therefore, appellant U.P.S.R.T.C. was held to be liable to pay half of the amount of compensation i.e. Rs. 1,56,200/- to the claimants along with pendente lite and future interest at the rate of 9% per annum. 7. Feeling aggrieved the present appeal has been preferred by the U.P.S.R.T.C. 8. Counsel for the appellant has submitted that the Tribunal has erred in selecting the higher multiplier of 18 in assessing the compensation. He further argued that the amount of compensation paid to the claimants is excessive. 9. I have perused the order passed by the Claims Tribunal as well as the evidence on record. The Claims Tribunal has held that the deceased was earning Rs. 70/- per day by doing labour work. Thus the Claims Tribunal has assessed the monthly income of the deceased to be Rs. 2100/- One third of the income is deducted for the self expenses of the deceased and thus the annual dependency of the claimants on the income of the deceased comes to Rs. 16,800/-. 10. At the time of accident the age of the deceased was 28 years, the Claims Tribunal has selected the multiplier of 18, which is just and proper. Thus by multiplying the annual dependency of Rs. 16,800/- by 18 the compensation comes to 16,800 x 18 = 3,02,400/- A sum of Rs. 10,000/- for funeral expenses for loss of estate and for loss of consortium was awarded to the claimants and thus the total compensation comes to Rs. 3,12,400/-. 11. The above compensation has been worked out keeping in view the observations made by the Apex Court in the case T.N. State Transport Corporation Ltd. Vs. S. Rajapriya and others (2005) 6 SCC 236. In paragraph 10 it has been observed as under : "10. 3,12,400/-. 11. The above compensation has been worked out keeping in view the observations made by the Apex Court in the case T.N. State Transport Corporation Ltd. Vs. S. Rajapriya and others (2005) 6 SCC 236. In paragraph 10 it has been observed as under : "10. Much of the calculation necessarily remains in the realm of hypothesis "and in that region arithmetic is a good servant but a bag master" since there are so often many imponderables. In every case "it is the overall picture that matters", and the court must try to assess as best as it can the loss suffered." 12. Apart from that pendente lite and future interest @ 9% per annum has been awarded. 13. As the accident had taken place due to contributory negligence of Bus as well as Scooter driver (deceased himself) the Claims Tribunal has rightly directed the appellant to pay half of the amount of compensation i.e. Rs. 1,56,200/-. 14. The appeal lacks merit and is hereby dismissed. 15. The amount deposited in this court be remitted to the Claims Tribunal concerned. 16. No order as to costs.