PADMADEVI SHANKARRAO JADHAV Vs. KABALISING GARMILSING SARDARJI

JUDGEMENT

(1.) THIS is an appeal filed by the claimants against the Award passed by the Member, Motor Accidents Claims Tribunal, Satara, dated 20th February 1982 in Claims Petition No. 16 of 1979, awarding an amount of Rs. 39,600/- to the minor children and dismissing the claim made by the widow.

(2.) IT is an admitted position that the deceased Shankarrao was working as a Head master in the New English High School at Atit, Taluka and District Satara. On 21st April 1979 he went to Karad for purchasing materials for the High School building which was then under construction. On that day he halted at Karad. On 22nd April 1979 he left Karad early in the morning at about 6 a.m. on his motor-cycle. When he came near the Milk Dairy, a goods truck bearing No. MTD 2812 driven by opponent no. 1 Kabalsing came from the opposite direction. It was being driven a high speed. The said truck all of a sudden, swerved to its right side and after coming near the motor-cycle of Shankarrao, it gave a dash to it. After the impact, Shankarrao was thrown away from his motor-cycle receiving a number of injuries on his person on account of which he died on the spot. Thus, it is the case of the claimants that the death of Shankarrao was caused on account of the rash and negligent driving of the truck by opponent no. 1 and, therefore, they are entitled to get compensation from the owner of the truck as well as the insurer the New India Assurance Co. Ltd. The claimants had further stated in their application that the deceased was getting a pay of Rs. 1,060/- per month at the time of his death. He was about 38 years of age and was of sound health. He would have earned an amount of Rs. 4,25,000/- in case he had not died in the accident. By making allowance for deductions etc. the claimants restricted their claim to Rs. 2,00,000/-.

(3.) ON the basis of the pleadings of the parties, the Motor Accidents Claims Tribunal framed the necessary issues. In support of their case, the claimants examined, Padma, widow of the deceased Shankarrao, a Clerk from the New English School at Atit and one Chandulal Momin, a panch witness to the spot panchnama. The opponents examined the driver of the truck, Kabalsing. After appreciating all the evidence on record, the Claims Tribunal came to the conclusion that the death of Shankarrao was caused on account of the rash and negligent driving of opponent No. 1 Kabalsing, the driver of the goods truck. However, so far as the quantum of compensation is concerned, the learned Member dismissed the claim made by the widow on the ground that she would be getting Rs. 116/- per month by way of family pension. She was also entitled to get the amount of the Provident Fund and gratuity to the tune of Rs. 9,732/- and Rs. 10,000/-. She was also paid the amount of the Insurance Policy to the tune of Rs. 2,060/-. The learned Member found that she would be getting interest at least at the rate of Rs. 175/- per month and this taken together with the amount of her family pension, she would be getting at least Rs. 300/- per month which would be sufficient for maintaining herself and, therefore, she is not entitled to get any amount by way of compensation. So far as the children are concerned, the learned Member granted an amount of Rs. 39,600/- as compensation. As already observed, it is this award which is challenged in the present appeal by the claimants.