ASHIMA Vs. HARIPRAKASH

JUDGEMENT

(1.) This appeal is directed under section 173 of the Motor Vehicles Act, 1988 against the award dated 10.2.2000 passed by XV Addl. M.A.C.T., Indore in Claim Case No. 9 of 1999 for enhancement of compensation.

(2.) The brief facts of the case are that on 11.9.1998 at about 4 p.m. while deceased Rajeshkumar Gupta was walking along the AB Road near Dewas Naka, opposite Gopal Weighing Centre, one truck bearing registration No. MP 09-KB 902 belonging to respondent No. 1 and was being driven rashly and negligently by the respondent No. 2 hit the deceased and he died on the spot. A report of the said accident was lodged at P.S., Lasoodiya on the same day. The claimants, wife, son and parents of the deceased, filed claim petition seeking compensation of Rs. 15,00,000. The respondent Nos. 1 and 2, despite service, remained absent and were proceeded ex parte in the trial. The respondent No. 3, insurance company, filed its reply denying the liability on the ground that respondent No. 2 driver was not having a valid driving licence at the time of accident. After framing issues and recording evidence, the Claims Tribunal recorded a finding that the accident occurred due to rash and negligent driving of the vehicle and that the claimants are entitled for compensation. The Tribunal also recorded a finding that respondent No. 2, driver, was not having valid driving licence at the time of the accident was not found proved and awarded a total compensation of Rs. 4,39,000.

(3.) The deceased was a third party and was working as a commission agent in two Bhopal based private companies and was also earning around Rs. 5,000 per month. Two certificates in this regard Exhs. P-10 and P-11 have been produced on record. He was M.Sc. Postgraduate in Mathematics. PW 2, the wife of the deceased, has stated in her statement that the deceased was the only bread-earner in her family and that he was giving a sum of Rs. 4,000 every month to her for family expenses. Having considered this evidence, Claims Tribunal has assessed the income of the deceased at the rate of Rs. 4,000 per month and after deducting one-third of it towards personal expenses, a sum of Rs. 3,000 has been considered as amount of dependency per month, thus, the yearly dependency comes to Rs. 36,000. It has also come in the evidence that at the time of accident the deceased was aged about 32 years and after applying a multiplier of 12, the Tribunal has awarded a sum of Rs. 4,32,000 towards damages, Rs. 2,000 for funeral expenses, Rs. 5,000 towards consortium and, thus, awarded a total compensation of Rs. 4,39,000, against which the claimants have filed this appeal for enhancement of compensation.