KAILASH WATI Vs. RAM NARAIN GUPTA

JUDGEMENT

(1.) RAJES Kumar, J. The present appeal under Section 110-D of Motor Vehicles Act, 1939 (hereinafter referred to as "act") is directed against the order of award dated 11-4-1980 passed by Motor Accident Claims Tribunal/iiird Additional District Judge, Allahabad, by which a sum of Rs. 45,000 has been awarded towards the compensation.

(2.) THE brief facts of the case are that on 12-11-1975 at 10. 00 a. m. near village Atsarai G. T. Road, Saini Police Circle, District Allahabad when deceased was going on his left on the road a truck No. USF-4283 which was being driven rashly and negligently struck him and crushed him to death on the spot. THE deceased left behind his widow, Smt. Kailash Wati and four minor children and his mother, Smt. Mehi Lal, who have filed the claim petition as the claimants under the Act. THE deceased was 40 years of age at the time of the accident and was used to carry on marketing of agricultural produce, garden keeping and skilled labourer. THE Tribunal on the consideration of entire facts and circumstances estimated annual income of the deceased at Rs. 5,150 and after deducting 30%, the amount which could be used on himself a sum of Rs. 3,434 was estimated which the deceased was expected to spend every year on his dependents had he been alive. THE Tribunal further observed that the deceased would have survived for 19 years more. Thus the total money expected to be spent by the deceased on the dependents was estimated at Rs. 65,246. THE Tribunal thereafter made a deduction of Rs. 15,000 on the ground that the mother was 75 years old and cannot be expected to live for a long time and the minor would become major in a period of much less than 19 years and they would ceased to be dependents allowed the deduction of Rs. 15,000. THE Tribunal further reduced the amount by 33% on account of lump sum, payment which was calculated at Rs. 17,015. THE Tribunal further allowed a sum of Rs. 100 towards mental shock and physical pain and sufferings and a sum of Rs. 100 was allowed towards loss of conjugal-consortium and Rs. 100 for the loss of paternal affection and care to the minor children. THE Tribunal has also awarded a sum of Rs. 500 towards the funeral expenses. Being aggrieved by the order of the Tribunal the claimants filed the present appeal.

(3.) LEARNED counsel for the appellants further submitted that the interest awarded @ 6% is not justified. According to him, it should be 9%.