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2016 DIGILAW 307 (RAJ)

Mathra v. Randhir Singh @ Gagandeep

2016-02-22

KANWALJIT SINGH AHLUWALIA

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JUDGMENT : Kanwaljit Singh Ahluwalia, J. Present appeal has been filed by parents of Shankar. 2. In the claim petition it was stated that on the intervening night of 27.9.2003 and 28.9.2003 at about 3.00 A.M., Shankar son of the claimants along-with Shivji were going in a Truck bearing registration No.RJ14-G-9465 towards Ambuja Cement Factory. It is averred in the claim petition that Shankar was employed as Khalasi (Cleaner) in the Truch whereas injured Shivji was driver. It was further pleaded that when the Truck reached near Mangaliyawas, another Truck bearing registration No.HR58-8175 came from opposite direction. The said Truck was driven rashly and negligently. It is stated that the offending Truck bearing registration No.HR58-8175 was driven by Randhir Singh @ Gagandeep and the said Truck was insured with the Oriental Insurance Company Ltd. No appeal has been filed by the insurance company to assail the finding of rash and negligent driving. 3. Counsel for the appellants has submitted that the Tribunal has gravely erred in awarding Rs.2,00,000/- (Two Lacs) as lump sum amount to the claimants-appellants. Counsel has submitted that it has come in evidence that deceased Shankar was aged twenty years and was working as Khalasi (Cleaner) on the truck and was getting Rs.3,000/- per month as a salary. However, the Tribunal held that since no salary certificate or proof of income has been given, hence parents are entitled to Rs.2,00,000/- in all. 4. Counsel for the appellants further submits that even deceased is assumed to be an unemployed youth, he is to be considered better than a housewife. In Lata Wadhwa & Ors. v. State of Bihar & Ors. [2001 ACJ 1735], notional income of wife has been determined as Rs.36,000/- per annum. 5. I have heard the learned counsel for the appellants and perused the record. 6. Admittedly, Shankar deceased son of the appellants was going in a truck to Ambuja Cement Factory. He was employed on the truck. Therefore, a justifiable argument was raised by the counsel for the appellants that the minimum income of the deceased per month is to be assessed as Rs.3,000/-, hence deceased was earning Rs.36,000/- per annum. Deceased is survived by mother and father. Mother is to be construed as a dependent. Therefore, one half is to be deducted as personal living expenses of the deceased. Age of mother at the time of accident was 45 years. Deceased is survived by mother and father. Mother is to be construed as a dependent. Therefore, one half is to be deducted as personal living expenses of the deceased. Age of mother at the time of accident was 45 years. As per Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. [ 2009 ACJ 1298 ], multiplier of 14 is to be adopted taking age of mother of the deceased. This court also find that no amount has been paid to the parents towards loss of care, affection and services to be rendered by their son. 7. Hence, this court is of the view that the compensation to be awarded to the claimants is required to be reassessed as follows:- SI. No. Heads Calculation (i) Income Rs.36,000/- per annum (ii) 1/2 of (i) deducted as personal expenses of the deceased Rs.36,000/- - Rs.18,000/- = Rs.18,000/- (iii) Taking age of mother compensation after multiplier of 14 is applied Rs.18,000/- x 14 = Rs.2,52,000/- (iv) Loss of care, affection and services of son to parents Rs.30,000/- (mother) + Rs.30,000 (father) = Rs.60,000/- (v) Funeral expenses Rs.15,000/- Total Compensation awarded Rs.3,27,000/- 8. Thus, the amount awarded by the Tribunal is enhanced to Rs.3,27,000/- in above terms. The said amount will carry interest @ 6% per annum from the date of filing of the petition till realization. 9. Since father was not dependent upon the son, he is only held entitled to Rs.30,000/- under the head of loss of care, affection and services of son. The remaining amount assessed shall be payable to the appellant No.1, mother of the deceased. 10. It is, hereby, ordered that the enhanced amount shall be kept in the Monthly Income Scheme in the post office initially for a lock-up period of three years and the interest accrued upon the deposit shall be paid to the claimants-appellants proportionately, on monthly basis. The Secretary, District Legal Services Authority, Jaipur in the best interest of the claimants, shall keep the amount in the Monthly Income Scheme with the Indian Post Office and shall open separate accounts in the name of each claimant. 11. The Secretary, District Legal Services Authority, Jaipur in the best interest of the claimants, shall keep the amount in the Monthly Income Scheme with the Indian Post Office and shall open separate accounts in the name of each claimant. 11. However, a further direction is, hereby, issued to the Secretary, District Legal Services Authority, Jaipur to acquaint the claimants regarding the amount, which has accrued to them by way of enhancement and the fact that the amount shall be kept in Monthly Income Scheme in the Indian Post Office for the benefit of the claimants. 12. The above direction regarding deposit in Monthly Income Scheme with Indian Post Office has been issued as it has been brought to the notice of this court, that go-between or relations fritter away with amount awarded as compensation, on the ground that money has been spent towards litigation expenses. 13. With the above modification in the award passed by Motor Accident Claims Tribunal, Jaipur, present appeal stands disposed of.