KIRAN DEVI Vs. KARAN SINGH

JUDGEMENT

(1.) THIS is an appeal preferred by the claimants who are legal representatives of the deceased Subhash Sharma, who died in an accident involving motor vehicle.

(2.) THE appeal has been preferred against the award dated 6.12.1996 by the Motor Accident Claims Tribunal, Gohad, wherein a sum of Rs. 1,54,129/ - has only been awarded under various heads to the claimants who were the widow and parents of the deceased, Subhash. It is not disputed that the deceased who was travailing on a motor -cycle on the date of accident, i.e. on 18.9.1995 collided with a Jeep driven by respondent No. 2 and belonging to respondent No. 1. As a result of which the deceased Subhash got seriously injured and ultimately died in the hospital on the same day. Thereafter, a claim petition was filed by his widow and parents.

(3.) THE learned counsel for appellants submitted that as per the evidence adduced by the claimants the monthly income of the deceased was Rs. 2,000/ - per month and therefore the pendency ought to have been calculated at Rs. 1,300/ - per month. However, the learned Tribunal has not relied upon the testimony of claimants' witnesses Jagdish Prasad (PW 1 and Gangadas (PW 3) i.e. employer in this respect. Both of them had in their cross -examination admitted that the deceased was working in the expellor of Gangadas (PW 3) only since four months prior to the accident and Jagdish Prasad, the father of the deceased, further admitted that before that the deceased was getting only Rs. 500/ - per month as his salary. Considering these admissions of the father of the deceased and the witness Gangadas, the learned Tribunal has rightly disbelieved them as far as the monthly salary of the deceased was concerned. Further, in such a circumstance there was also no reason to conclude that his income was Rs. 1,000/ - per month only. In such a situation guidance could be taken from the Schedule of the Motor Vehicles Act wherein the notional income of Rs. 15,000/ - per annum has been provided for those who had no income prior to the accident. Considering it together with the fact that the deceased had a motor -cycle on which he was travelling and was an intermediate passed young man it would be appropriate to presume that his annual income was atleast Rs. 15,000/ - per annum, and after deducting 1/3rd of it as his own expenses the dependency of the claimants comes to Rs. 10,000/ - per annum.