GOVIND SINGH Vs. ASHISH YADAV

JUDGEMENT

(1.) Both the appeals are arising from one and the same award dated 27.11.2014 passed by the Additional Motor Accident Claims Tribunal Sarangarh, District Raigarh, Chhattisgarh (for short 'Tribunal') in Claim Case No.09 of 2014. MAC No.20 of 2015 has been filed by the Claimants seeking for enhancement of the compensation, whereas MAC No.610 of 2015 has been filed by the Insurer seeking to scale down the quantum.

(2.) The sequence of events reveals that the deceased by name, Gurmel Singh Sidar was travelling as a passenger in the offending Bus bearing No.CG-13/Q/0379 driven by the 1st Respondent, owned by the 2nd Respondent and insured by the 3rd Respondent. On the way, because of the rash and negligent driving of the Bus by the 1st Respondent, it turned turtle, causing fatal injuries to Gurmel Singh Sidar leading to his death which led to the claim petition filed by the parents and siblings of the deceased.

(3.) The claim was contested by the Respondents concerned, mainly on negligence and quantum. Issuance of valid insurance policy was virtually conceded by the 3rd Respondent. It was the case of the Claimants that the deceased was working as Assistant Teacher in Panchayat Primary School and was having a monthly salary of Rs.10,000/-. Considering the pleadings and evidence on record, the Tribunal held that the accident was solely because of the negligence on the part of the 1st Respondent/driver of the offending vehicle. Observing that the evidence brought on record had revealed the factum of employment of the deceased as Assistant Teacher in Panchayat Primary School and as to having monthly salary of Rs.9,776/-, 50% of the said income alone was reckoned (the deceased being a bachelor) and adopting the multiplier of 18, the dependency compensation was worked out as Rs.10,55,808/-. Awarding a sum of Rs.5,000/- towards funeral expenses, Rs.15,000/- towards loss of love and affection/consortium and Rs.2,500/- towards loss of estate, the total compensation was fixed as Rs.10,78,308/-. This was directed to be satisfied with interest at the rate of 6% per annum from the date of filing of claim application.