NAAZ SIDDIQUI Vs. HARISH KUMAR DEVNANI

JUDGEMENT

(1.) THE claimants have preferred this appeal for enhancement of compensation with respect to death of Sarwat Siddiqui. The claimants are widow and minor son. On 1.10.1994 at about 7.30 p.m. when deceased Sarwat Siddiqui was going from Bhojpur to Bhopal on his Scooter MKD 5354 near village Chhan met with an accident by jeep MP 4 G 0074 driven rashly and negligently by Harish Kumar Devani, respondent No. 1. The jeep came from opposite direction and dashed the deceased. Serious injuries were suffered by the deceased. He was taken to Hamidia hospital where he died. Owner and driver remained ex parte. Insurer in its written statement denied the allegation. Factum of insurance was admitted. Plea of contributory negligence was taken. In addition it was contended that driver was not having valid driving licence and there was breach of terms of insurance policy. The claimants have prayed for compensation of Rs. 12,26,485/ . The claims Tribunal has awarded a sum of Rs.

(2.) ,26,000/ along with interest at the rate of 12 per cent per annum from the date of claim petition till realisation. 2. Learned counsel for the appellants has submitted that the income of the deceased has been assessed on lower side. Deceased was aged 30 years. The proper multiplier is that of 18 whereas multiplier of 15 has been applied.

(3.) THE sole question raised in the appeal is about quantum of compensation which the appellants can obtain in the instant case. The deceased was working in Merchant Navy and after leaving the job in Merchant Navy, he had started an industrial unit of his own business in Piparia which he had shifted to Mandideep Industrial area District Raisen close to Bhopal. He was also looking after his Farm House at Islam Nagar. In addition he was having income from working as a Real Estate Agent. Smt. Naz Siddiqui (PW 2) has stated that her husband was giving Rs. 3,000/ per month to her for house hold expenses. Earning of the deceased was Rs. 5,000/ per month from farm. He had a Pesticide factory at Piparia. Name of the factory was Jhawar Pesticides whereas at Mandideep he was going to start the factory in the name and style of Cropest India. Lease was also obtained. He had also obtained a plot of 32000 sq.ft. at Mandideep for shifting the factory along with his brother. Document in that regard Ex. P 8 was produced. Papers of Merchant Navy service are also filed by the claimants Ex. P 2 to P 7. The deceased was a partner in Industrial Unit in the name of Jhawar Pesticides at Piparia along with his brother Captain Rafat Siddiqui. The plot was also taken on lease jointly in the name of deceased and his brother. Wife of the deceased has stated that deceased was giving her Rs. 3,000/ per month. It would be proper to assess the income at Rs. 2,700/ per month.