SHANTI SWAROOP TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri Arun Saxena, learned counsel for the appellant and Sri R.C.Sharma learned counsel for respondent no.4. The appellant being dissatisfied with the judgment and order dated 16.07.2001 passed by the Motor Accident Claims Tribunal, Sitapur has filed the instant appeal under Section 173 of the Motor Vehicles Act, 1988. It is admitted case of the parties that on 23.08.1994, the deceased Suresh Kumar Tripathi was travelling in Jeep No.UP 27/A-1600 when it met with an accident with Truck No.DL-1/GA0320, which was coming from the opposite direction on National Highway No.24 near Village Kari Pabar in District Sitapur. At the time of of the accident, Suresh Kumar Tripathi was unmarried and aged about 30 years. The claim petition was preferred by the father of the deceased who was 70 years of age at the relevant time. The claim petition was contested by the respondent no.4 by filing written statement. The Motor Accident Claims Tribunal, after considering the material on record, awarded a total compensation of Rs.67,500/- under the principle of no fault liability. Learned counsel for the appellant submits that the deceased Sruresh Kumar Tripathi was working with Zila Sahkari Bank Ltd., Lakhimpur Kheri whose services were terminated by the order dated 20.01.1990 and the said termination order was quashed by this Hon'ble Court by the judgment and order dated 30.01.1992 passed in Writ Petition No.1100 of 1990 but the deceased was not allowed to join on the post till his death in the accident. He further submits that the judgment and order dated 30.01.1992 was final between the parties and for all practical purposes, the deceased Suresh Kumar Tripathi was in service when he died in the accident on 23.08.1994 as the Special Appeal against the judgment and order dated 30.01.1992 was also dismissed. He further submits that the total salary which other employees of the Zila Sahkari Bank Ltd., who were similarly situated to the petitioner was Rs.3315/-. He further submits that the Tribunal has awarded the compensation on no-fault basis which was legally not permissible as the accident is admitted and the offending jeep was insured with the National Insurance Company. Sri R.C.Sharma, learned counsel for the respondent no.4submits that there is no illegality in the impugned judgment and award passed by the Motor Accident Claims Tribunal. He further submits that the record reveals that Suresh Kumar Tripathi was not reinstated in service in pursuance of the judgment and order dated 30.01.1992 and the Tribunal has assessed the notional income of the deceased as Rs.15000/- per year. He further submits that between 1987 and January 1990 the deceased was drawing the salary of Rs.1000/- per month only. We have considered the submissions made by the learned counsel for the parties and gone through the record. It is admitted case of the parties that the deceased Suresh Kumar Tripathi was travelling in Jeep No.UP 27/A-1600 from Sitapur to Maigalganj when it met with an accident with Truck No.DL 1/GA0320 on National Highway No.24. The deceased Suresh Kumar Tripathi at the relevant time was unmarried and aged about 30 years. The claim petition was preferred by father of the deceased who was 70 years of age at the time of the accident. The deceased Suresh Kumar Tripathi was an employee of Zila Sahkari Bank Ltd., Lakhimpur Kheri who was terminated from service by the order dated 20.01.1990. The said order of termination was challenged by Suresh Kumar Tripathi in this Court by way of Writ Petition which was registered as Writ Petition No.1100 of 1990 which was allowed by the judgment and order dated 30.01.1992 and the termination order dated 20.01.1990 was quashed. The Special Appeal preferred against the judgment and order dated 30.01.1992 was also dismissed as abated on 16.10.1995 as Sri Suresh Kumar Tripathi was no more alive by that time. The record reveals that Sri Suresh Kumar Tripathis was not reinstated in service in spite of the judgment passed by this Court but for all practical purposes, he was an employee of the Zila Sahkari Bank Limited, Lakhimpur Kheri at the time of the accident which took place on 23.08.1994. The similarly placed persons who were also working on the post of Clerk-cum-Cashier were getting Rs.3315/- per month as the total salary including House Rent Allowance, Medial Allowance, Cash Allowance, D.A. etc. The deceased was also Clerk-cum-Cashier in the Zila Sahkari Bank Ltd., Lakhimpur Kheri and his salary at the time of his death in the accident excluding House Rent Allowance, Medial Allowance and Cash Allowance comes to Rs.2830/- per month. We assess the income of the deceased at the relevant time as Rs.3000/- per month; after deducting one-third as provided under the Motor Vehicles Act, the income of the deceased for the purposes of compensation comes to Rs.2000/- per month, i.e. Rs.24000/- per annum. The claimant was 70 years of age when the claim petition was filed and as such by applying the multiplier of 5, the total dependency comes to Rs.1,20,000/-. In addition to the above said amount of Rs.1,20,000/-, the claimant is also entitled for Rs.2000/- towards funeral expenses and Rs.2500/- towards the loss of estate and, thus, the total compensation payable to the claimant-appellant comes to Rs.1,24,500/- along with interest at the rate of 8% per annum from the date of filing of the claim petition till its actual payment. In the result, the appeal is partly allowed. The judgment and award dated 16.07.2001 passed by the Motor Accident Claims Tribunal, Sitapur is modified to the extent that the appellant shall be paid Rs.1,24,500/- as compensation along with interest at the rate of 8% per annum from the date of filing of the claim petition till its actual payment. The respondent no.4 shall deposit the entire awarded amount together with interest, after deducting the amount which was already paid to the appellant in pursuance of the judgment and award dated 16.07.2001, before the Motor Accident Claims Tribunal within two months. Under the circumstance, there shall be no order as to costs.