UNITED INDIA INSURANCE CO LTD Vs. VIDYA YADAV

JUDGEMENT

(1.) This appeal arises out of the award of the Motor Accidents Claims Tribunal, dated 31.10.1998 given in Motor Accident Claim Case No. 191 of 1997.

(2.) The short facts giving rise to the present appeal are that the deceased Santosh Kumar Yadav while going on a Tempo in the morning at 7.30 a.m. on 3.1.1997, met with an accident near St. Joseph's School, P.S. Chakeri, on account of which he sustained several injuries and ultimately died in the hospital the same evening. An F.I.R. was also lodged on the same day at about 8.30 a.m. alleging that the aforesaid Tempo when reached near St. Joseph's School, a tanker bearing the registration No. UP 78-B 3274 coming from opposite direction, dashed into it, on account of which the deceased was badly injured. It was also alleged that the accident took place due to rash and negligent driving of the tanker driver. The widow, children and mother of the deceased who were dependent on him, filed Claim Case No. 191 of 1997 before the Motor Accidents Claims Tribunal, Kanpur Nagar, claiming compensation of Rs. 12,90,000. The appellant who was the opposite party No. 1 and the owner of the vehicle, opposite party No. 2, appeared in the proceeding and filed their written statements denying the factum of accident.

(3.) The learned Tribunal having appreciated the evidence on record, found that the accident took place due to negligent and rash driving of the tanker's driver on account of which the deceased received fatal injuries which ultimately resulted in his death. The learned Tribunal also found that the age of the deceased was 25 years. On the question of income of the deceased, it was claimed before the Tribunal that the deceased was running Tempo out of which he was earning Rs. 3,500 per month. The Tribunal taking into account the necessary expenses in the maintenance of the Tempo and the expenses of the deceased on himself, reached to the conclusion that he must be spending Rs. 1,500 every month on his family members. The learned Tribunal had accordingly assessed Rs. 18,000 per annum as income of the deceased for the purpose of calculating the compensation. Accordingly, looking to the age of the deceased and his income, the Tribunal applied the multiplier of 18 and awarded a sum of Rs. 3,24,000 to the claimants. Rs. 5,000 was awarded towards the funeral expenses and Rs. 21,000 as damages.