STATE OF MADHYA PRADESH Vs. JYOTI KAUL

JUDGEMENT

(1.) These two appeals arise out of the award dated 26-6-1993 in Case No. 52 of 1988, passed by the Motor Accidents Claims Tribunal, Guna, for short, the 'Tribunal' awarding compensation of Rs. 3,65,400/- to the widow and two minor children for the death of Amar kishan Kaul, an Executive Engineer, in Gopi Sagar Division, Guna, who died of motor accident on 6/07/1988 by the use Government Jeep No. CPZ 3958, owned by the Government of Madhya Pradesh and driven by Basheer Khan, the driver.

(2.) The State of Madhya Pradesh has challenged the award of compensation being excessive, while the claimants have filed the appeal for enhancement of the compensation.

(3.) The facts relating to the accident caused by rash and negligent driving by the driver are not disputed, nor the finding of the Tribunal, holding the driver being rash and negligent have been challenged. Hence, it is not necessary to state the circumstances in which the accident occurred. As there is a serious challenge to the quantum of compensation, it would be appropriate to state that 7 deceased was aged 50 years, 3 months and 6 days at the time of his unfortunate and untimely death and employed as an Executive Engineer in the Irrigation Department of Government of Madhya Pradesh, drawing monthly salary of Rs.3,729/- and after deduction of the amount of provident fund of Rs. 740/-, Group Insurance Rs. 80/-, House Rent Rs. 105/-, Vehicle charges Rs. 90/-, the deceased was getting in hand in all Rs. 2,714/7 as is proved by Ex.P/7. However, from Service Book (Ex.P/ 10), proved by AW 8, Jyoti Kumar Sharma, Executive Engineer, of the deceased, who stated that on revision of the pay scale, the pay of the deceased was fixed in the scale of Rs. 2,650-4,200 and the last Pay Certificate was issued showing the substantive pay of the deceased as Rs. 3,300,1and Dearness Allowance Rs.759/-, in all Rs. 4,059/-. AW 6, Smt. Jyoti Kaul, the widow of the deceased, in her statement, has stated that her husband used to give her Rs.2,714/- per month for meeting out the expenses of the family. She has also admitted that after the death of her husband, she got all final payments of provident fund, family benefit fund, gratuity, leave encashment, exgratia payment and is getting the family pension of Rs. 1,650/- besides the Dearness Allowance.