UNITED INDIA INSURANCE CO. Vs. MANDATAI

JUDGEMENT

(1.) BOTH these appeals shall stand disposed of by the common judgment since these appeals arise out of the award dated 10.8.1983 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 64 of 1979 Smt. Mandatai and Ors. v. Ravindra Singh and Ors. whereby the learned Motor Accident Claims Tribunal has passed the award in favour of the claimants directing the non-applicant Nos. 1, 2 and 3 to pay Rs. 2,25,000/- to the claimants.

(2.) THE brief facts which led to the filing of the aforesaid claim petition are that Shalikram Dhondbaji Gire after attending duties on 22.4.1979 as Lamp Fitter was returning back from the colliery on cycle at about 6.00 p.m. While he was returning on the cycle the rear most truck bearing No. MTB-2548 near the weigh-bridge where loaded trucks are parked for weighment, was abruptly taken by the driver in reverse without blowing any horn. Shalikram Dhondbaji Gire was taken unaware and the truck dashed against the cycle, as a result of which he fell down and the rear wheel of the truck ran over the body of Shalikram Dhondbaji Gire. He died on the spot. The claimants, who are dependents of Shalikram Dhondbaji Gire, filed the claim petition seeking compensation of Rs. 1,50,000/ - from the non-applicants, namely, Ravindra Singh, (truck owner), Mangal Singh Pritamsingh Punjabi (driver) and United India Insurance Company Ltd. (insurer) before the Motor Accident Claims Tribunal, Nagpur. The claimants submitted in the claim petition that Shalikram Dhondbaji Gire died in the accident which was caused due to rash and negligent driving on the part of the driver of the truck. It was inter-alia averred in the claim petition that Shalikram Dhondbaji Gire was working as Lamp Fitter in Inder Colliery at Kamptee and he was getting the salary of Rs. 600/- per month. At the time of accident, the deceased Shalikram was hardly 32 years old. 2. The non-applicant Nos. 1 and 2, the owner and driver respectively, despite service by way of publication in the daily newspaper 'Lokmat dated 1.1.1980 remained absent and the proceedings proceeded exparte against them. The insurer have filed the written statement (Exh. 24) and traversed the claim. The insurer moved an application before the Tribunal for contesting the claim of the applicants on all or any of the grounds that are available to the owner, and the learned Tribunal granted the permission to the insurer (non-applicant No. 3) to contest the claim of the applicant on all the grounds, which were available to the owner.

(3.) THE Motor Accident Claims Tribunal recorded the finding that the deceased Shalikram Dhondbaji Gire died on 22.4.1979 near Coal Mines Kamptee as a result of motor accident and the said accident occurred because of rash and negligent driving of the truck No. MTB-2548 being driven by the non-applicant No. 2 Mangalsingh son of Pritamsingh. The Tribunal further recorded the finding that in the month of March, 1979 the deceased Shalikram got the gross salary of Rs. 638.75 and net salary of Rs. 581.63. According to the Tribunal, the deceased was aged about 32 years, when he died, and the superannuation age in the colliery being 60 years the deceased could have worked for 28 years more and this would have given the benefit to the family at least for 28 years more. The Tribunal then held that the monthly benefit, which the dependents were getting, was Rs. 320/- per month, which would be Rs. 3840/- per year, and that being multiplied by 28 years would come to Rs. 1,07,520/-. The Tribunal further held that the deceased was getting the bonus of Rs. 520/ - and that for 28 years would be Rs. 14,560/-. Thus according to the Tribunal the loss suffered by the dependents was Rs. 1,22,080/- and making that as a round figure, the Tribunal awarded Rs. 1,25,000/-. The Tribunal, however, refused to grant interest holding that since the compensation was being awarded in lumpsum, no interest would be granted.