RAM KALI Vs. SHARWAN KUMAR

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act is directed against the award given by the Motor Accident Claims Tribunal (VII Additional District Judge), Allahabad, dated 31st August, 1978.

(2.) THE accident occurred on 11th April, 1976, at about 6.30 a.m. Ram Nath Pal was on bicycle to the left of the road coming from village Kapari Police Station Shankargarh district Allahabad. Truck No. UPX 585 belong to the respondent No. 1 coming from behind crushed him to death. The death occurred instantaneously and this was due to the rash and negligent driving of the vehicle. The deceased left his widow, one son then aged about 14, and four daughters aged about 13, 11, 9 and 7 years respectively. The chief occupation of the deceased, aged about 40 years, was ice-cream vending. A sum of Rs. 50,000/- was claimed as compensation by his heirs and the legal representatives. In defence it was refuted that the accident took place due to the rash or negligent driving of the vehicle. It was contended also that the amount claimed as compensation is exaggerated.

(3.) THE sole issue raised in the appeal is in regard to the quantum of the compensation awarded. There is no dispute any longer that the accident took place on 11th April, 1976, around 6.30 a.m. at village Kapari Police Station Shankergarh district Allahabad. This was caused by the truck No. UPS 485 belonging to the respondent No. 1 and driven at the relevant time by the driver appointed by him. The Tribunal has, on consideration of relevant material placed before it, recorded finding that rash and negligent driving of the truck was the direct cause of the accident. In regard to the quantum of the compensation, it is not disputed before me that the deceased was about 40 years of age when he died. The life expectancy has been put by the Tribunal at 65, which may not be regarded unreasonable. Regard also, it is true, been had to the fact that his father died at the age of nearly 80 years. The chief occupation of the deceased was ice-cream vending during a period of five months in the year. The income from this occupation has been assessed at rupees eight per day-this being the commission he received from the ice-cream manufacturers and thus the amount come to Rs. 1200/- in a year. For the offseason the Tribunal has assumed rupees five per day approximately as the earning of the deceased on the basis that this may have been the wages earned by him as a labourer. It was attempted to be urged before the Tribunal that he had certain goats and sold milk thereof and also that he had some cultivation. Nothing of the kind was stated in the claim petition nor was satisfactory evidence given in proof thereof. Cultivation, if any, could be shown also from the entries in the relevant revenue papers, which, however, were not filed. The income estimated, therefore, at Rs. 2500/- for a year may not be classed as arbitrary or on the low side as claimed for the appellants. Out of Rs. 1870/- per month, calculated roughly as the earning of the deceased, the Tribunal is of opinion that he will have spent Rs. 125/- per month on an average towards the maintenance of his large family the rest may be assumed as required by him for self. Assuming that he would have survived for another 25 years, the amount arrived at, by multiplying Rs. 1500/- by 25, is Rs. 37,500/-, which, to my mind, is fair and just.