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2013 DIGILAW 694 (RAJ)

Nand Ram v. Yusuf

2013-04-05

VIJAY BISHNOI

body2013
JUDGMENT 1. - This misc. appeal is directed against the judgment and award dated 15.10.2004 passed by the learned Judge, Motor Accidents Claim Tribunal, Bhilwara and Additional Sessions Judge (Woman Atrocities Cases) (for short 'the Tribunal') in Civil Misc. Case No.149/1996 (456/2004) whereby the learned Tribunal has awarded compensation of Rs. 1 lakh on account of death of son of the appellants No.1 and 2 and husband of appellant No.3. 2. The brief facts of the case which are necessary to dispose of this appeal are recapitulated as under:- 3. The appellants filed a claim case No.149/1996 (456/2004) alleging that on 6.1.1996, the deceased Kailash along with several other persons was returning to his home in a matador bus No.RJ 28-P 007 and the said bus collided with truck No. DL 1G-A 7344 while overtaking another truck resulting in death of Kailash & other persons. It was contended in the claim petition that accident took place on account of rash and negligent driving by the bus driver and a compensation of Rs. 7 lakh was claimed. The claim was contested by the respondents. However, the learned trial court found that the accident occurred on account of rash and negligent driving by the driver of bus No.RJ 28-P 007 and awarded compensation of Rs. 1 lakh in favour of appellants. 4. Being aggrieved by the award dated dated 15.10.2004, this appeal is preferred with a prayer of enhancement of compensation. 5. The only contention raised by the learned counsel for the appellants before this Court is that the learned Tribunal grossly erred in awarding Rs. 1 lakh only under the head of loss of company and other heads. It is contended by learned counsel for the appellants that though the appellants produced the evidence regarding the income of the deceased Kailash but the learned trial court had not considered the same and wrongly held that the deceased was not having any income at the time of his death. It is further contended by learned counsel for appellants that even as per the Schedule II of the Motor Vehicles Act, 1989 (hereinafter referred to as 'the Act of 1989'), the income of the deceased Kailash was to be calculated as Rs. 15,000/- per annum and proper multiplier should have been applied. 6. Mr. It is further contended by learned counsel for appellants that even as per the Schedule II of the Motor Vehicles Act, 1989 (hereinafter referred to as 'the Act of 1989'), the income of the deceased Kailash was to be calculated as Rs. 15,000/- per annum and proper multiplier should have been applied. 6. Mr. Jagdish Vyas, learned counsel for the respondent No.6 the Insurance Company has fairly conceded that the learned trial court has not properly assessed the income of the deceased and the proper multiplier has not been applied in the case. 7. In view of the submissions made by learned counsel for the parties and as per Schedule II of the Act of 1989, the annual income of the deceased Kailash is calculated as Rs. 15,000/- per annum and it is proper to apply multiplier of 16. As such the compensation awarded by the learned Tribunal is enhanced from Rs. 1,00,000/- to Rs. 2,40,000/-. Out of Rs. 15,000/-, as annual income of the deceased, ⅓ i.e. Rs. 5,000/- should be reduced in consideration of expenses which the victim would have incurred towards his maintenance, had he been alive. The compensation awarded by the Tribunal is enhanced from Rs. 1,00,000/- to Rs. 1,60,000/-. 8. It is informed by both the counsels that as per the directions of the learned Tribunal, the compensation awarded by the learned Tribunal has already been paid to the claimants. In such circumstances, it is ordered that the remaining amount of compensation i.e. Rs. 60,000/- shall be paid to the appellants along with interest at the rate of 6% from the date of filing of the claim petition. It is also ordered that out of Rs. 60,000/-, Rs. 36,000/- be paid to the appellant No.3 and Rs. 12,000/- each be paid to the appellants No.1 and 2. The amount of interest shall also be disbursed to the appellants in the same proportion. 9. In view of the above discussions, the appeal is partly allowed and the award dated 15.10.2004 passed by the Motor Accidents Claim Tribunal, Bhilwara and Additional Sessions Judge (Woman Atrocities Cases) in Civil Misc. Case No.149/1996 (456/2004) is modified accordingly.Appeal Partly Allowed. *******