MAYARAM Vs. MEHBOOB

JUDGEMENT

(1.) This appeal is directed against the award dated 21.10.1999 passed by Motor Accidents Claims Tribunal, West Nimar, Mandleshwar in Claim Case No. 201 of 1998.

(2.) It is not in dispute that Hemraj, son of appellants died in an accident which occurred due to head-on collision of minitruck No. MP 7-D 2218 and truck No. MP 11-A 7219. The appellants (parents of the deceased Hemraj) filed a claim petition against the owner-cum-driver, respondent No. 1 and the insurer, respondent No. 2, of truck No. MP 11-A 7219, seeking compensation of Rs. 4,10,000. Respondent No.1, remained ex pane New India Assurance Co. Ltd., respondent No. 2, resisted the claim and stated that the accident occurred due to rash and negligent driving of minitruck in which the deceased was travelling, therefore, they cannot be made liable to pay the compensation.

(3.) The Tribunal held that the accident occurred due to composite negligence of the drivers of both the trucks. Deceased was the cleaner of the mini-truck and his income was assessed by the Tribunal to be Rs. 2,000 per month. The Claims Tribunal after deducting Rs. 700 for his personal and living expenses, assessed the dependency as Rs. 1,300 per month or Rs. 15,600 per annum. Multiplier of 12 was applied on the basis of the age of the mother, who was of 40 years. The loss of dependency was thus assessed to Rs. 1,87,200 and a sum of Rs. 5,000 (under conventional heads and funeral expenses was added). After arriving at the compensation to Rs. 1,92,200 the Tribunal apportioned the liability to the extent of 50 per cent each between each set of driver, owner and insurer of the trucks. Since, the driver, owner and insurance company of mini-truck No. MP 7-D 2218 were not made parties, the Tribunal held that the appellants would be entitled to get compensation of only Rs. 96,100 that is 50 per cent of Rs. 1,92,200 along with interest at the rate of 12 per cent per annum from the date of filing of the claim petition from the respondents, i.e., owner, driver and insurer of truck No. MP 11-A-7219.