SHARDA DEVI Vs. JASPAL SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 14.11.1994 passed by the Motor Accident Claims Tribunal, Delhi, whereby a sum of Rs. 2,00,000 was awarded in favour of the appellants with interest at the rate 12% per annum from the date of the institution of the petition till the date of the award.

(2.) The facts relevant for the decision of the present appeal are that one Raje Singh, while he was going on his cycle to Shahdra on 4.10.1984 at 11.00 p.m., was hit by a taxi bearing No. DLT 4031 at Kauria Bridge. He was taken to the JPN Hospital, where he succumbed to the injuries sustained by him on 8.10.1984. A claim petition was filed by his legal representatives being his wife and two minor children under Section 110A of the Motor Vehicles Act, 1939, claiming compensation in the sum of Rs. 5,00,000 for the untimely demise of their bread-earner against the driver, the owner and the insurer (the respondent Nos. 1 to 3 herein) of the offending taxi.

(3.) A joint written statement was filed by the respondent Nos. 1, 2, wherein the factum of accident was admitted. In the written statement filed by the respondent No. 3-Insurance Company, it admitted that the offending vehicle was insured with it, but pleaded that its liability was limited to the extent of Rs. 50,000 only. The learned Tribunal after holding an inquiry held that the accident was the outcome of the rash and negligent driving of the respondent No. 1 and proceeded to compute the compensation payable to the appellants. In view of the fact that there was on record the salary certificate of the deceased proved by PW2-Mr. G.P. Gupta, an official from Khadi Gramodyog Bhawan, the employer of the deceased, the learned Tribunal accepted the salary of the deceased to be in the sum of Rs. 1,234 per month as shown in the said certificate, and taking into account the fact that with the passage of time there would be an increase in the aforesaid salary, assessed the income of the deceased at the time of his retirement to be in the sum of Rs. 2,000 per month by applying the ratio of the judgment in the case of Kerala State Road Transport Corporation v. Susamma Thomas, 1994 1 ACC 346. Deducting one-third from the aforesaid average income of the deceased towards his personal expenses, the Claims Tribunal assessed the loss of dependency of the appellants to be about Rs. 1,400 per month to which it applied the multiplier of 12, thereby, computing the total loss of dependency of the appellants to be in the sum of Rs. 2,01,600 only (that is, Rs. 1,400 x 12 x 12=Rs. 2,01,600) rounded off to Rs. 2,00,000 (Rupees two lakh only). As regards the defence of the Insurance Company that its liability was limited to the sum of Rs. 50,000 only, the learned Tribunal held that no additional premium having been paid by the respondent No. 2, the liability of the Insurance Company was limited to Rs. 50,000 only.