R K SHARMA Vs. D T C

JUDGEMENT

(1.) Both the above appeals arise from the same award and since common questions of law and facts arise in both the above cases, they were heard together and are being disposed of by this common order.

(2.) While in FAO No.347/1997, the appellants are claiming enhancement of compensation awarded by the Motor Accident Claims Tribunal for the death of Smt.Chander Kanta, wife of appellant no.1 and mother of appellants 2 and 3, in a road accident alleged to have been caused by the rash and negligent driving of the bus by its driver, the DTC has filed appeal being FAO No.57/1998 challenging the award of the Tribunal in favour of the respondents on the ground that there was no evidence before the Tribunal to hold that the accident was caused by the rash and negligent driving of the bus belonging to the appellants by its driver. The facts in short giving rise to both these appeals are:-

(3.) That on 23.1.1991, when the deceased was riding on the pillion of the two-wheeler scooter being driven by her husband, the scooter was allegedly hit by the bus from the rear as a result of which the deceased fell down on the road and was run over by the bus. The deceased was taken to the hospital where she was declared brought dead. Alleging that the accident was caused due to the rash and negligent driving of the bus by its driver; the appellants filed a claim for compensation of Rs.33 lakhs 19 thousand on the ground that the deceased was a qualified music teacher and was in receipt of a salary of Rs.2979.00 per month; that besides availing facilities of government accommodation she was a renowned artist of All India Radio and was also earning for performances as a radio artist. On the basis of the material on record, the Tribunal held that the income of the deceased was Rs.3500.00 per month and applying the ratio of the judgment of the Supreme Court in Sarla Dixit Versus Balwant Yadav AIR 1996 SC 1274 calculated her average income for purposes of arriving at the compensation at Rs.5250.00 per month and awarded a sum of Rs.5,04,500.00 in favour of the claimants.