KALAWATI BAI Vs. RAM SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 6-7-1979 made by the 3rd Additional Member, Motor Accident Claims Tribunal, Indore Under Section 110-B of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) in claim case No. 162 of 1976.

(2.) THE application under Section 110-A of the Act was filed by Kalawati Bai, the widow of the deceased Tikamchand, her three daughters and four sons claiming a sum of Rs. 50,000/- as compensation from the respondents for the death of the said Tikamchand as a result of the motor accident which took place at about midnight of 21-11-1976 at Indore. It was alleged therein that the respondent No. 2 driving the accident truck bearing registration No. M.P.I. 4879 rashly and negligently brought about a head on collision with the hand-card in which the deceased was taking a young one of the buffalo. At the relevant time, the truck was owned by the respondent No. 1 and was insured with the respondent No. 3 against third party risks. Tikamchand who aged 35 years died on 28-11-1976 as a result of the injuries sustained in the accident. He was earning Rs. 15/- per day.

(3.) THE learned Tribunal held that the truck driver was driving the truck rashly and negligently and in consequence Tikamchand sustained injuries to which he succumbed on 28-11-1976. On the finding that the deceased was aged 45 years at the time of his death and had a monthly income of Rs. 200/-, the amount of monthly dependency was determined at Rs. 100/- and 15 was the multiplier adopted. After 25% of deduction on account of lump sum payment and uncertainties of life, the Tribunal awarded Rs. 16,000/- as compensation inclusive of Rs. 2500/- towards compensation for loss of company and affection on the authority of the decision in State of Punjab v. Brijmohan 1975 ACJ 372. It was ordered that of the compensation Rs. 15,000/- be deposited under fixed deposit receipt for a period of 10 years.