PRAMODCHANDRA Vs. ASHWANI ARORA

JUDGEMENT

(1.) As these two appeals arise from the same judgment - one by the claimants (M.A. No. 947 of 2001) and other by the insurance company (M.A. No. 912 of 2001), they are heard together by consent and disposed of by this common judgment. As the ranks of the parties in the two appeals differ, the parties will be referred to by their ranks in the claim petitions.

(2.) The claimants are the husband and two minor children of one Dr. Shobha Shukla, who died in a motor accident on 20.3.1999 caused on account of negligence of the driver of truck bearing No. MP 09- D 7008 (of which respondent Nos. 1, 2 and 3 are respectively the owner, driver and insurer). Deceased was 39 years old and was working as Assistant Professor in Chemistry in Government Post Graduate College, Mhow. She was a postgraduate in science and held a doctorate in chemistry. Her basic pay at the time of death was Rs. 10,475 and with allowances, her total salary was Rs. 13,827. The claimants filed the Claim Case No. 157 of 1999 claiming a compensation of Rs. 50,00,000 before the Motor Accidents Claims Tribunal, Mhow.

(3.) After appreciating the evidence the Tribunal by judgment and award dated 8.3.2001 allowed the claim petition in part. Tribunal held the truck driver negligent. It awarded a compensation of Rs. 5,10,295 with interest at the rate of 12 per cent per annum from the date of petition till date of payment. The Tribunal deducted 30 percent from the salary towards income tax, thereafter it deducted one third for personal and living expenses of the deceased and again deducted another 50 per cent on the ground husband of the deceased who was employed as Associate Professor was having similar income.