BIMLA DEVI Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) THE present first appeal arises from the award dated 31.3.1989 of Mr. D.S. Sidhu, Judge, Motor Accidents Claims Tribunal, Delhi. The appellants-claimants have moved this Court for enhancement of compensation which was assessed at Rs. 1,20,000/-.

(2.) THE appellants filed the petition under Section 110-Aof the Motor Vehicles Act for grant of compensation in the sum of Rs. 5,00,000/- against the respondents. The deceased, Vipin Kumar, is stated to have died as a result of accident on 21.7.1984 at about 6.50 p.m. while he was driving a two-wheeler scooter No. DIH 3140 from Saraswati Vihar. The scooter met with an accident with truck No. UST 2229 which was being driven by Respondent No. 4. The deceased was employed in Delhi Administration on a salary of Rs. 970/- per month and it was further stated that he was earning a sum of Rs. 700/- per month by working as a part-time photographer. The age of the deceased was stated to be 22 years. He was studying in B.Com. II year and had appeared in the examination from the School of Correspondence Courses. The appellant No. 1 is the mother and appellant No. 2 is the brother of the deceased. The father of the deceased had since expired prior to the date of accident. Respondents Nos. 2 to 4 filed their written statements and took preliminary objection that the petition was not maintainable as the truck was not involved in the accident and the petition was bad for misjoinder of parties. The Insurance Company, Respondent No. 1, also filed the written statement and raised the preliminary objection that the said respondent did not receive any notice regarding the alleged accident. On the pleadings of the parties the following issues were framed:

(3.) THE question of compensation to which the appellants had led their claim was considered in issue No. 6 and on the basis of appreciation of evidence on record the salary of the deceased was assessed at Rs. 1,500/- per month on the basis of the IVth Pay Commission Report and after the deduction of the personal expenditure to the tune of 1/3rd the loss to the estate and dependency was fixed at Rs. 1,000/- per month as a result ofdeath. The learned Judge noted that appellant No. 1 was 45 years of age at the relevant time and by taking the normal expectancy of life to be 70 years it was estimated that she would have been further supported by her deceased son for about 15 years though the period would have been decreased on account of possible marriage of the deceased. The multiplier in these circumstances was assessed at 10 and the compensation awarded to the appellants was fixed at Rs. 1,20,000/-.