NEW DELHI MUNICIPAL COMMITTEE Vs. MAINI SUNDRI JAIN

JUDGEMENT

(1.) . Shri Raghbir Singh Jain with his wife Maina Sundri Jain and one Smt.Sarla Devi Jain were coming on a three wheeler scooter on 7th December, 1971 after attending funeral of a relation. The said three wheeler scooter was driven by Shri Harbans Lal. The scooter was coming from R.K.Puram side to Darya Ganj. At about 5.00 PM when the scooter crossed the crossing of Indian Oil Petrol Pump on Willingdon Cresent near Talkatora Garden, a truck bearing No.DLL-1666 owned by New Delhi Municipal Committee (in short NDMC) coming at a fast speed in a rash and negligent manner struck against the three wheeler scooter. The truck was coming on the wrong side of the road. The scooter driver tried to avoid the accident, but due to the rash and negligent driving of the Truck Driver this accident occured. Due to this accident Raghbir Singh Jain sustained serious injuries which ultimately caused his death in the hospital.

(2.) . Deceased Raghbir Singh Jain left behind his widow, two sons and one daughter. Daughter Rita Jain and son Deepak Jain were minor at that time. The other son Sushil Kumar Jain was major. Deceased Raghbir Singh Jain was a Government Contractor and was working under the name and style of M/s Bhisan Narain & Sons. His annual income from this business for the year ending 31st March 1971 was Rs.28,658.00 . The legal heirs of the deceased Raghbir Singh Jain made a claim of Rs.5 lakhs by way of compensation. This claiwas contested by the respondent/ NDMC. However, after appreciating the evidence which had come on record, the Motor Accident Claims Tribunal (in short Tribunal) held that the accident was caused due to the rash and negligent driving of the Truck owned by NDMC. Relying on the testimony of deceased's wife the Tribunal came to the conclusion that deceased was 55 years old at the time of his death. On the basis of the Income Tax Assessment Order it was observed by the Tribunal that the income of the deceased from the said business was Rs.28,000.00 per annum. Taking that to be the annual income and applying the multiplier of 15 years, the Tribunal concluded that the dependency loss came to Rs.4,20,000.00 . Out of this a deduction of 50".. was made and thus awarded a net amount of Rs.2,10,000.00 on which interest of the rate of 6% was also awarded.

(3.) . It is primarily on account of 50% deductions made by the Tribunal from the dependency loss that cross objections have been filed.