LAWS(DLH)-2012-1-334

CHANDERWATI Vs. SAT NARAIN

Decided On January 05, 2012
CHANDERWATI Appellant
V/S
SAT NARAIN Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award of the Motor Accidents Claims Tribunal, Delhi dated 03.05.1999 passed in Suit No.1003/1988.

(2.) THE factual matrix is that on 18.08.1988 at about 7.30 p.m., one Mathura Prasad was travelling in bus bearing No.DBP 2569 going towards his residence and when the said bus reached the old Rohtak Road near Daya Basti Railway Colony Quarters, the driver of the bus applied the brakes suddenly causing a big jerk, as a result of which Mathura Prasad fell from the bus and sustained fatal injuries to which he succumbed on the same day. THE said bus was being driven by the respondent No.1, was owned by the respondent No.2 and insured with the respondent No.3-M/s. New India Assurance Co. Ltd. A Claim Petition claiming compensation under Sections 110A and 92A of the Motor Vehicles Act, 1939 was filed by the legal representatives of Mathura Prasad (hereinafter referred to as "the deceased"), being his widow, his two minor sons and parents.

(3.) ON the aspect of quantum of compensation payable to the legal representatives of the deceased, the learned Tribunal assessed the monthly income of the deceased to be in the sum of Rs. 1,200/- per month and after deducting one-third (1/3rd) from the aforesaid amount towards the personal expenses of the deceased, assessed the loss of dependency of the appellants to be in the sum of Rs. 800/- per month, or say, Rs. 9,600/- per annum. To augment the said multiplicand, the Tribunal applied the multiplier of 15 and assessed the total loss of dependency of the appellants to be in the sum of Rs. 1,44,000/- (that is, Rs. 9,600/- x 15). The learned Tribunal, however, reduced the same by fifty percent on account of its finding as to the contributory negligence on the part of the deceased, thereby holding the appellants entitled to an award of Rs. 72,000/- (including Rs. 15,000/- awarded to the appellants as interim compensation) along with interest at the rate of 10% per annum from the date of the filing of the petition till realisation. It was further held by the learned Tribunal that the liability of the respondent No.3 was limited to the extent of Rs. 15,000/- in the case of a passenger, and it accordingly held the respondents No.1 and 2 jointly and severally liable to pay to the appellants the amount in excess of Rs. 15,000/-, that is, Rs. 57,000/- along with proportionate interest thereon.