SHAKUNTALABAI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Mr. Sanjay Patwa, learned counsel for the appellants; Mr. S.V. Dandvate, learned counsel for respondent No. 1; none for respondent Nos. 2 and 3. They are heard on LA. No. 1233 of 2003. This is an application for deleting the name of appellant No. 2 Nathu, who is alleged to have died on 9.11.2002 during the pendency of the appeal. Along with the application, death certificate issued by the Gram Panchayat, Ambasoti, has been filed. The application is considered. The legal representatives of the deceased appellant No. 2 Nathu 'are already on record, hence the death of appellant No. 2 has no adverse effect on the appeal. The application is allowed and the same stands closed. The learned counsel for the appellants directed to delete the name of appellant No. 2 from the cause title.

(2.) With consent arguments heard. For the death of one Ramsingh, the Additional Motor Accidents Claims Tribunal, Kukshi (Dhar) in Claim Case No. 62 of 1999, decided on 16.1.2000, has awarded a sum of Rs. 3,50,000 to the appellants, who are the widow, children and mother of the deceased. On account of a road accident, which took place on 8.5.1999, Ramsingh died when the passenger bus bearing registration No. MP 09-GB 0023, hit the motor cycle, which the deceased was driving. As a result of the impact, the deceased died on the spot.

(3.) The Tribunal, after analysing the evidence, found that the respondent No. 2 Babbu was responsible for causing the accident on account of rash and negligent driving of the bus. The Tribunal also found that on the date of the accident respondent No. 3 was the registered owner of the bus and the same was insured with respondent No. 1. This finding of the Tribunal has not been assailed before us, therefore, the same is maintained. The Tribunal also found that the deceased was working as a teacher in a Government school and was of the age of 45 years. The deceased was drawing the monthly salary of Rs. 6,666. The Tribunal worked out the annual loss of dependency of the appellants at Rs. 53,328 and applying multiplier of 13, the Claims Tribunal assessed the future loss of dependency at Rs. 6,93,264. But instead of awarding this amount the Tribunal held that looking to the standard of living and the profession which the deceased was carrying on, it would not be proper or justified to award a lump sum of Rs. 6,93,264 to appellants and, therefore, reduced it to Rs. 3,50,000.