UTTARAKHAND TRANSPORT CORPORATION Vs. MANWAR SINGH

JUDGEMENT

(1.) HAVING heard the rival contentions of learned counsel of all concerned, it transpires that the deceased, aged about 20 years, was trying to board the offending bus after fetching fruits from the market in the hilly terrain of District Pauri Garhwal. The bus of the Government was Delhi bound. He was serving as a pantry boy in some private concern and was earning a basic salary of Rs.2,500/ - per month, as per the pay certificate produced by the claimants before the Tribunal. Claimants are the parents and siblings of deceased. Driver of the bus was allegedly negligent who did not take notice of the boarding boy. Bus started moving, with the result, boy was run over by the rear wheels of the vehicle. The Tribunal taking the annual income of deceased as Rs.36,000/ - and applying the multiplier of -15 - and considering the average age of parents as 44 years, has awarded the total compensation worth Rs.2,56,500/ -, making the Corporation as well as the driver of the bus jointly and severally liable.

(2.) IT was contended on behalf of learned counsel for the claimants that even if the basic pay of deceased is taken into consideration as Rs.30,000/ - per annum (Rs.2,500 x 12 months) and if fifty percent thereof is reduced being the bachelor boy to meet out his own expenses, then his annual income comes to Rs.15,000/ - per annum, and as per the law laid down by the Hon ble Apex Court in the case of Rajesh and others v. Rajbir Singh and others, 2013 ACJ 1403 (Full Bench Judgment), there must be an addition of 50 percent to the actual income of the deceased while computing future prospects if the deceased victim was below 40 years. By application of this precedent, adding Rs.7,500/ - (50% of annual income of Rs.15,000/ -), the total annual income of deceased comes to Rs.22,500/ - per annum.

(3.) LEARNED counsel for the claimants has further placed reliance on another judgment of the Apex Court in case of M. Mansoor and another v. United India Insurace Co. Ltd. and another, 2013 ACJ 2849, wherein the judgment of Apex Court in case of Amrit Bhanu Shali v. National Insurance Co. Ltd., 2012 ACJ 2002, was relied. It was held in paragraph no.17 that: - (17) The selection of multiplier is based on the age of the deceased and not on the basis of the age of the dependent. There may be a number of dependants of the deceased whose age may be different and, therefore, the age of the dependants has no nexus with the computation of compensation.