MANAGER, THE GOVERNMENT MILK Vs. PRASHANT CHANDRAKANT GANDHI

JUDGEMENT

(1.) WE have heard this appeal with the Record and Proceedings. This is filed by the Original Defendants against the award passed by the Member of the Motor Accident Claims Tribunal, Kolhapur dated 30th of July 1985.

(2.) IT is contended by Shri Page, learned Assistant Government Pleader that the claim made by the two sons of the deceased was hopelessly barred by limitation. Admittedly the deceased Chandrakant Gandhi died on 7th of May 1967 as a result of an accident which took place on 6th of May 1967. The claim application was filed sometime in the year 1981. Therefore it was hopelessly barred by limitation. It is not possible for us to accept this contention for more than one reason. The question as to the limitation was decided in Misc. Application No. 1 of 1982 which was filed by the claimants for condonation of delay. The delay cams to be condoned and the claim was admitted. Against the said decision Civil Revision Application was filed before this Court which was also dismissed on merits. Against that Special Leave Petition was filed in the Supreme Court of India which also came to be rejected. Thus the matter stands concluded so far as this Court is concerned. Even otherwise we do not feel that it will be fair, on the part of the appellants, who are responsible officers, to deny the reasonable claim of the claimants on the ground of limitation. Normally the question of limitation should not be raised by the Government Officers to defeat the just claim of the citizens. Therefore we do not find any substance in this contention.

(3.) IT was then contended by Shri Page that the quantum of compensation as granted by the lower court is excessive and unreasonable. We do not find any substance in this contention also. Admittedly the deceased died when he was only 39 years of age. He was a Chartered Accountant who was paying Income-tax. From the evidence on record it appears that he was also serving as part time lecturer in Commerce College. The total income of the deceased is assessed by the trial court at Rs. 9520/- only. After leaving a margin for the amount which the deceased must have been spending for himself, the learned Member came to the conclusion that the deceased was contributing towards family expenses at least an amount of Rs. 6315/-. In our view the learned Member if at all has erred on the side of leniency. While deciding the compensation he had not taken into consideration the fact that in the years to come the deceased would have earned much more. The compensation is calculated on the basis of the expectency of life of the deceased at 65 years. It has come on record that the deceased was hale and hearty, and, therefore, it cannot be said that the expectency of the age as calculated is in any way on higher side. Therefore taking any view of the matter the compensation granted cannot be termed as unreasonable or excessive.