SHARAD KUMAR SINGH Vs. KANHAIYA LAL MISHRA

JUDGEMENT

(1.) This is a claimants' appeal for enhancement of compensation awarded by MACT/Addl. District Judge/Special Judge, Varanasi vide award dated 28.10.1997 in MAC Case No. 92 of 1995, whereby a sum of Rs. 1,12,800/- along with pendent elite interest @12% per annum have been awarded on account of the death of Narendra Pratap Singh in the motor accident.

(2.) It appears that on 10.12.1994 at 2.30 p.m. when deceased Narendra Pratap Singh was returning home in Metador no. UP 5642 and reached near culvert of village Udaypur, the driver of bus no. UP 65-E/6942 driving the vehicle rashly and negligently dashed with the aforesaid Metador, injuring him and he succumbed to the injuries. The report of the accident was made to the police the same day and case u/s 279, 337, 338, 304-A IPC against drivers of both the vehicles was registered. The claimants alleged that the deceased was employed as lecturer in Cutting Memorial Inter College, Varanasi and was drawing monthly salary of Rs. 8,000/-. The claimants being legal representatives of the deceased have preferred claim for Rs. 5.0 lacs. It was further alleged that the opposite parties are owners and insurers of both the vehicles involved in the accident. The opposite parties inter alia pleaded that it was head-on accident between the two vehicles and the widow of the deceased must be getting family pension, so it should be deducted from the compensation, if any, awarded to the claimants. The claimants have examined Ram Ashare Misra PW 1 and Smt. Manorma Singh PW 2 in support of their claim. They have also filed the photo-copy of death certificate, certificate of Principal of Cutting Memorial Inter College, Varanasi dated 10.1.1995, post mortem examination report and bio-data of the deceased as also the copy of FIR, driving license, registration certificate of Metador UPF 5642 and insurance policy. The insurance companies have examined Havaldar Singh DW 1, Kalpnath Singh DW 2 and Krishna Rani Srivastava DW 3 and have filed copies of several documents. The learned Tribunal after analysis of the evidence adduced by the parties has deducted the family pension of Rs. 2,500/- per month which the widow of the deceased was getting from the last drawn salary of the deceased in quantifying the amount of compensation and awarded compensation as stated above and directed the insurer of the bus and owner of the Metador to indemnify the award in equal proportion. Aggrieved the claimants have come up in appeal.

(3.) We have heard the learned counsel for the appellants and respondents no. 3 and 5 and perused the impugned award. The other respondents did not put in appear in spite of sufficient service of notices on them.