BHAGAIYA BAI Vs. JAYRAM

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari, District Raipur (for short, the Tribunal) vide award dated 07.09.2006, passed in Claim Case No.12/2005. The claimants, unfortunate widow and children of deceased Birjhuram Gond, claimed compensation of Rs.13,63,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident when on 05.11.2004 his Rickshaw was dashed by the offending vehicle Bus bearing registration No. PB-12D/9808, resulting in multiple serious injuries to Birihuram Gond, who succumbed to those injuries. During the course of his treatment in the hospital on 19.11.2004. The claimant further pleaded that deceased Birjihuram Gond who was aged about 50 years used to earn Rs.150-200/- per day as Rickshaw Puller.

(2.) THE owner, driver and the insurer of the offending vehicle Bus contested the claim and denied their liability to pay compensation to the claimants. THE insurer took the further plea that the driver of the offending vehicle Bus was not holding a valid driving licence and the Bus was being plied in breach of the policy conditions. THE claimants examined AW-1 Smt. Bhagaiya Bai and AW-2 Vijay Kumar in support of their claim, whereas the owner, driver and insurer of the offending vehicle Bus did not examine any witness in rebuttal. THE Tribunal on a close scrutiny of the evidence led before it held that deceased Birjhuram Gond died on 19.11.2004 on account of the injuries sustained by him in the motor accident on 05.11.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus; as the offending vehicle Bus on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish breach of any of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. THE Tribunal assessed the income of the deceased at Rs.15,000/- per annum. By deducting 1/3rd 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 13, the compensation was worked out to Rs.1,30,000/-. By awarding further sum of Rs.35,000/- under other heads, the Tribunal awarded a total sum of Rs.1,65,000/- as compensation to the claimants for the death of deceased Birjhuram Gond in motor accident. THE Tribunal further directed payment of interest on the above amount of compensation of Rs.1,65,000/- @ 6% per annum, from the date of filing of the claim petition till the date of actual payment.

(3.) TRUE, the claimants pleaded that deceased Birjhuram Gond used to earn Rs.150 - 200/- per day as Rckshaw Puller, but the evidence led in that behalf was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum is certainly on the lower side and requires reconsideration.