Research › Search › Judgment

Madhya Pradesh High Court · body

2007 DIGILAW 846 (MP)

Rajshree Sharma v. Dayaram Kushwah

2007-08-06

SANJAY YADAV, SUBHASH SAMVATSAR

body2007
JUDGMENT Samvatsar, J. -- 1. This appeal is filed by the claimants challenging the award dated 31.10.2000 passed by II Additional Member Judge, Motor Accident Claims Tribunal, Gwalior in Claim Case No. 11/98 whereby the Claims Tribunal has awarded a sum of Rs. two lac as compensation for the death of Rajesh Sharma, husband of appellant No.1, father of appellant No.2 and son of appellant No.3. 2. Brief facts of the case are that deceased Ramesh Sharma was employed as a driver in Gwalior Municipal Corporation. On 12.3.1998 at about 10:30 in the night, when he was standing with his scooter in front of his house and was talking to Kishan Kushwaha, truck MPW 5467 which was driven rashly and negligently by respondent No.1 Dayaram Kushwaha dashed against him. Said truck was owned by respondent No.2 Prakash Singh and was insured with respondent No.3 Insurance Company. Due to the injuries sustained by Rajesh Sharma, he died and the present claimants who are his class I heirs have filed a claim petition claiming compensation. The Claims Tribunal assessed the compensation at Rs. two lac, hence, this appeal. 3. Claims Tribunal has found that the incident has taken place due to rash and negligent driving of the driver of the truck and this finding is not under challenge by any of the parties. 4. Only question involved in the present appeal is about the quantum of compensation. 5. Shri Arun Sharma, the learned counsel for the appellants· claimants has submitted that the award is on the lower side while Shri Jitendra Dixit, learned counsel appearing for respondent No. 3 Insurance Company has supported the award and submitted that the award is just and proper. 6. From evidence on record, the Claims Tribunal has found that the deceased was a driver employed in Municipal Corporation, Gwalior, salary certificate Ex. P-14 which was produced by the claimants shows that he was earning Rs. 4,501/- towards salary. Claims Tribunal disbelieved the said salary certificate only on the ground that father's name of the deceased is not mentioned in the salary certificate. 7. Claimants during the pendency of this appeal, have filed fresh salary certificate wherein name of the father of the deceased is mentioned alongwith an application under Order XII Rule 27 CPC which is marked as IA No. 6330/07. This salary certificate shows that the deceased was earning Rs. 4,411/- per month. 7. Claimants during the pendency of this appeal, have filed fresh salary certificate wherein name of the father of the deceased is mentioned alongwith an application under Order XII Rule 27 CPC which is marked as IA No. 6330/07. This salary certificate shows that the deceased was earning Rs. 4,411/- per month. This amount also includes, city compensatory allowance, house rent and medical allowance. If we deduct these allowances, then the monthly salary of the deceased would come to Rs. 4,140/- and his yearly income would come to Rs. 49,680/-. After deducting 1I3rd towards personal expenses, the dependency will come to Rs. 33,120/-. The deceased was 26 years of age, hence, multiplier of 18 will be applicable and on applying the multiplier, the compensation would come to Rs. 5,96,160/-. Apart from this amount, the claimants would also be entitled for a sum of Rs. 28,840/- towards damages under various heads as loss of estate, loss of consortium, funeral expenses. Thus, we deem it fit to award a sum of Rs. 6,25,000/- (Rs. six lac twenty five thousand) to the claimants towards compensation. 8. Hence, the we enhance the compensation from Rs. two lac to Rs. six lac twenty five thousand. The enhanced amount shall carry interest at the rate of six percent per annum from the date of filing of this appeal till realisation. 9. Appeal succeeds and is allowed to the extent indicated above.