AMNABI Vs. MEHMOOD

JUDGEMENT

(1.) THIS appeal has been preferred by the Claimants-appellants for enhancement of compensation aggrieved by award dated 10.10.2001 passed by Additional Motor Accident Claims Tribunal, Maiher, District Satna in Claim Case No. 7/89. On 30.10.1988 Jeep No. MBJ-4511, driven by Mehmood, owned by Ms. Chitra Bhatnagar, insured with Oriental Insurance Co. Ltd. dashed the standing Truck No. C.P.A. 3787, owing to which Bhura and Abdul Rajjaque suffered injuries and died in the hospital. Claimants prayed for award of compensation of Rs. 4,67,086/-. Deceased was working in the Telecom Factory as pickler, his monthly salary was claimed to Rs. 1,514/-, in addition he used to earn Rs. 50/- per month by working over time. Claimants are widow and children of the deceased. Driver and owner remained ex parte inspite of service. Insurer in its written statement denied the averments and insurance of the Jeep on the date of the accident. Vehicle was plied in violation of terms and conditions of the policy, as such insurer is not liable.

(2.) CLAIMS Tribunal has discarded the pay slip Ex. P-3, which shows that the monthly salary of the deceased to be Rs. 1,463/-. The Claims Tribunal has assessed the income at Rs. 1,000/-, applied the multiplier of 11 at the age of 45 years. Total compensation awarded is Rs. 1,24,400/-. We have heard learned counsel for the appellant and the insurer. The only question for consideration is whether the Claims Tribunal has rightly arrived at the figure of Rs. 1,000/- and has applied proper multiplier at the age of 45 years? We have gone through the statement of Amnabi (PW 3). She has categorically stated that the pay was drawn as per pay slip (P-3) by the deceased. Pay slip (P-3) indicates that total salary of the deceased in May 1987 was Rs. 1,463.63, which rounded of to Rs. 1,464/-. She has not been cross-examined with respect to correctness of the pay slip (Ex. P-3). She has clearly stated that her husband was obtaining more than Rs. 1,300/- in hand. Thus, there was absolutely nothing to doubt that the salary of the deceased per month was Rs. 1,464/-. Deceased would have spent l/3rd amount on himself. Thus, total dependency comes to Rs. 976/- per month. Annual loss of dependency comes to Rs. 976 x 12 = Rs. 11,712/-. Appropriate multiplier at the age of 45 years is 15. Thus, total loss of dependency comes to Rs. 11,712 x 15 = Rs. 1,75,680/-. In addition, the widow being one of the claimants is entitled for consortium of Rs. 5,000/-, claimants are entitled to Rs. 5,000/- on account of loss of expectancy of life, Rs. 2,000/- for funeral expenses and Rs. 2,500/- on account of loss of estate.