SEELA DEVI Vs. JAYANT RAI

JUDGEMENT

(1.) THIS is claimants appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Durg (for short "the Tribunal") vide award dated 29.04.2002, passed in Claim Case No. 181/98.

(2.) THE claimants, unfortunate widow, minor daughter, mother, brother and sister of deceased - Chandradev Singh claimed compensation of Rs. 47,85,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act (for short "the Act') for his death in the motor accident when on 21.05.1998 the Maruti Van bearing registration No. MP 24 GC/0716 in which he was travelling dashed against a tree due to rash and negligent driving of its driver, resulting in multiple serious injuries to Chandradev Singh, who succumbed to those injuries during the course of his treatment in the hospital on 22.05.1998. THE claimants further pleaded that deceased Chandradev Singh was earning Rs. 5,000/- per month by working as Supervior in Kedia Company. THE owner, driver and the insurer of Maruti Van contested the claim and denied their liability to pay compensation to the claimants. THE owner and driver pleaded that the accident did not occur due to rash and negligent driving of the driver. THEy further pleaded that the liability to pay compensation to the claimants, if any, would be that of the Insurance Company as the Maruti Van on the date of the accident was insured with the Oriental Insurance Company Limited. THE insurer, on the other hand, denied the fact of the accident and pleaded that the driver of the Maruti Van was not holding a valid driving licence and Maruti Van was being plied in breach of the policy conditions. THE claimants examined AW/1 - Smt. Seeta Devi, AW/2 - Dalvir Singh @ Bora Singh and AW/3 - Sapan in support of their claim, whereas the owner, driver and insurer of Maruti Van did not examine any witness in rebuttal.

(3.) THE Tribunal found that the evidence led by the claimants about the income of the deceased was not reliable. THE Tribunal, therefore, assessed the income of the deceased on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Act at Rs. 15,000/- per annum. By deducting l/3rd of Rs. 15,000/- towards the personal expenses of the deceased, the claimants dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 16, the compensation was worked out to Rs. 1,60,000/-. By awarding Rs. 2,000/- towards the funeral expenses; Rs. 5,000/- for loss of consortium to the widow; and Rs. 2,500/- for loss of estate the Tribunal awarded a total sum of Rs. 1,69,500/- as compensation to the claimants for the death of deceased - Chandradev Singh in the motor accident. THE Tribunal further directed payment of interest @ 9% per annum on the above amount of compensation of Rs. 1,69,500/- from the date of filing of the claim petition till the date of actual payment. Shri Awadh Tripthi, learned Counsel for the Appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased; and in awarding low compensation of Rs. 1,69,500/ - only.