SHANKAR PANDHARINATH KHAND Vs. NEELA VIJAYKUMAR KULKARNI

JUDGEMENT

(1.) THE Award dated 7th May 1990 in Claim Application No.343 of 1986 is assailed in this Appeal. The Claim Application was instituted by Respondent Nos. 1 to 4 claiming compensation of Rs. 3,50,000.00 in respect of the death of Vijaykumar Kulkarni in an accident. The Respondent Nos. 1 and 2 are the widow and minor daughter respectively of the deceased Vijaykumar Kulkarni and Respondent Nos.3 and 4 are his parents.

(2.) IN the Claim Application it was stated that on 8th May 1986 at about 11.40 a.m. the deceased Vijaykumar Kulkarni was waiting for a bus on Ravalgaon Bus Stop on Laxmi Road. Bus bearing No.8404 belonging to the 2nd Appellant Pune Municipal Transport (for short "PM" hereinafter) was stationary at the said bus stop. It appears that there was heavy rush of travellers. In the meantime, a bus belonging to PMT bearing No.MHQ 4832 came from the side of Deccan Gymkhana and stopped at the said bus stop. The deceased Vijaykumar had boarded the Bus No.MHQ 4832 when stationary but it was put in a sudden motion with the result that the same collided with the stationary bus No.8404. Deceased Vijaykumar who had then just boarded the bus sustained injuries as a result of the said collision and fell down from the bus. It is common ground that he was immediately taken to Sassoon Hospital and was admitted as an indoor patient. On 16th May 1986, it appears that deceased Vijaykumar developed some kindly problem with the result he was shifted to K.E.M. Hospital, Pune. Vijaykumar however went in a Coma and succummbed to his death on 20th May 1986 in the said Hospital. The claim for Rs.3,50,000.00 was made by Respondent Nos.1 to 4 on the ground that the 1st Appellant, the driver of the bus in question was rash and negligent as a result of which the accident arose and in which the deceased Vijaykumar died. According to them Vijaykumar was employed in TELCO, Pune as a "Semi Skilled Helper" and at the relevant time drawing wages of Rs. 1,712.50 Ps. per month plus over-time allowance as and when he worked in excess of his working hours. It was also set out that out of the monthly earning a sum of Rs. 1,200.00 was spent on the maintenance and welfare of the family consisting of Respondent Nos.1 to 4. The claim was also sought to be pressed by saying that deceased Vijaykumar was getting increment of about Rs.250.00 after every three years of completed service.

(3.) EVIDENCE was led on both sides. The Claims Tribunal held that Appellant No.1 driver of the bus had driven the same rashly and also negligently at the time of the accident and the deceased Vijaykumar died on account of sustaining injuries in that accident which had resulted from rash and negligent driving and therefore the Appellants are liable to pay compensation of Rs.3,00,000.00 Once having rendered the aforementioned findings of rashness and negligence, the Tribunal applied the multiplier method. For that matter the Tribunal found that since deceased Vijaykumar was earning the monthly emoluments of Rs.1,712.50 Ps. from his employer TELCO out of which a sum of Rs. 1,200.00 was spent on house-hold expenses of his family. The Tribunal therefore came to the conclusion that the family of Vijaykumar was depending for their maintenance on his earning to the extent of Rs. 14,400.00 per year. The Tribunal thereafter observed that Vijaykumar would have lived until the age of 76 years and he would have worked in TELCO until he reached the age of 60 years. After having found that Vijaykumar was 27 years of age on the date of the accident, he would have worked for a further period of 33 years and further considering the uncertainties in life and imponderable circumstances the multiplier of 20 was ad-judged and that way held that the dependency for 20 years would be Rs.2,88,000.00 and accordingly awarded the same to Respondent Nos.1 to 4. The Tribunal thereafter held that a sum of Rs. 6,000.00 could be awarded to the 1st Respondent widow as and by way of loss of consortium and a further sum of Rs. 6,000.00 on the head of suffering and pains by deceased Vijaykumar. With the result that as mentioned earlier a sum of Rs.3,00,000.00 in all was awarded that too with 12% interest from the date of the application until the realisation of the Awarded amount.