KRISHNADEVI PESHWANI Vs. DILIP KUMAR

JUDGEMENT

(1.) WITH the consent of the learned counsel for the parties, the appeal is finally heard.

(2.) BEING dissatisfied with the quantum of compensation awarded by Additional Motor Accidents Claims Tribunal, Bhopal, vide award dated 7.12.1999 passed in Motor Claim Case No. 407/99, the appellants have filed this appeal under section 173 of the Motor Vehicles Act, for enhancement. The claimants, unfortunate widow, minor children and parents of deceased Narayandas Peshwani, claimed compensation of Rs.22,25,000/- for his death in the motor accident on 9.1.1999 when the Jeep bearing registration No. MP-04-H/4900 in which he was travelling was dashed by the offending vehicle Mini Truck bearing registration No. MP-04-K/3140 resulting in his death on the spot itself. The claimants further pleaded that deceased Narayandas Peshwani was getting salary of Rs. 6,000/- per month as Sub-Inspector in the Police. The driver and owner of the offending vehicle Mini Truck remained ex parte before the Tribunal. The insurer of the Truck contested the claim and denied its liability to pay compensation to the claimants on the plea that the driver of the Jeep himself was responsible for the accident. The Tribunal, on the evidence led by the parties, held that Narayandas Peshwani died on account of the injuries sustained by him in the accident and that the accident occurred due to the rash and negligent driving of the driver of the Mini Truck. The Tribunal, therefore, held the driver, owner and the insurer of the offending vehicle Mini Truck liable, jointly and severally, to pay compensation to the claimants. On the evidence led by the claimants about the income of the deceased, the Tribunal assessed his income at Rs. 4,900/- per month. By deducting Rs. 1,700/- per month as his personal expenses, the claimants' dependency was assessed at Rs. 3,200/- per month and Rs. 38,400/- per annum. By multiplying the annual dependency of Rs. 38,400/- with the multiplier of 15, the compensation was worked out to Rs. 5,76,000/-. The Tribunal awarded further sums under various heads and, thus a total sum of Rs. 5,90,000/- was awarded as compensation to the claimants for the death of Narayandas Peshwani in the accident. Interest was also awarded @ 12% per annum from the date of the application.

(3.) THE findings that Narayandas Peshwani died on account of the injuries sustained by him in the accident and that the accident occurred due to the rash and negligent driving of the driver of the Mini Truck have now attained finality as the respondents have not filed any appeal against the award. That apart, we find overwhelming evidence on record in support of those findings. We, therefore, affirm the findings recorded by the Tribunal in that behalf. Deceased Narayandas Peshwani was a Sub-Inspector in the Police. His pay slip (Exhibit A-3), adduced in evidence by the claimants before the Tribunal, reveals that the gross pay of the deceased was Rs. 5,998/- per month and after deductions amounting to Rs. 1,084/- per month, his net pay was Rs. 4,914/- per month. The Tribunal, while assessing the income of the deceased at Rs. 4,900/- per month, has deducted all the deductions mentioned in the pay slip. Only some of the deductions mentioned in the pay slip (Exhibit A-3) are deductable while assessing the income of the deceased for the purpose of compensation. By deducting permissible deductions we assess the income of the deceased at Rs. 5,400/- per month. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs. 5,400/- per month.