LADO DEVI ORS Vs. SATVIR SHARMA

JUDGEMENT

(1.) Since both the appeals have arisen from the same award and the point involved are common, hence these appeals are taken up together and disposed by this order. In FAO No.231/83 appeal is preferred against the award of the Tribunal by the claimants and in FAO No.274/83 award has been challenged by the owner of the vehicle which according to claimants caused the accident.

(2.) In FAO No.231/83 appellants Lado Devi and Others i.e. LRs. of deceased have assailed the award of the Motor Accident Claims Tribunal (in short the Tribunal) on the grounds namely that (1) Dependency loss as assessed by the Tribunal is on the lower side; (2) That 20% deduction on account of lump sum payment is against law; (3) Interest ought to have been awarded from the date of the institution of the claim petition; and finally (4) the Insurance Company's liability was unlimited, whereas the Tribunal limited it to Rs.50,000.00. And in the FAO.No.274/83 the owner of the offending vehicle has challenged the award primarily on the ground that his vehicle was not involved in the accident nor its driver was negligent. That compensation awarded is on higher side.

(3.) In order to appreciate the challenge in FAO.231/83, brief facts of the case are that on 13th June,1979 at about 10.30 p.m. deceased Ram Chander Sharma aged about 42 years was going as pillion rider on a two wheeler Scooter, when a oil tanker bearing No.DLG-6267 driven rashly and negligently at a fast speed hit the scooter from behind. Because of this impact, the deceased Ram Chander fell down. He sustained injuries. He was taken to Bara Hindu Rao Hospital where he was declared brought dead. Deceased during his life time was doing a partnership business wherefrom his monthly income was Rs.1,000.00. Legal heirs of the deceased filed a claim petition claiming a compensation of Rs.2 lakhs under the Motor Vehicles Act (in short the Act). The Tribunal awarded a sum of Rs.1,92,000.00 out of which allowed deduction of 20% on account of lump sum payment and uncertainties of life. Thus the net compensation payable to the claimants was assessed at Rs.1,53,600.00.