ASHOK KUMAR BAIS Vs. MEERA

JUDGEMENT

(1.) THIS is an appeal by the motor-cyclist Ashok Kumar against the Award dated 24-2-1981 passed by the Member Motor Accident Claims Tribunal, Indore whereby the Tribunal awarded compensation amount of Rs. 14,4000/- to the widow and son of the deceased Hernia who died on being knocked down by the motor-cycle of the appellant while the deceased was crossing the road in front of the High Court Building at Indore.

(2.) IT has been found by the Tribunal that the accident occurred on 5.7.1979 on account of the rash and negligent driving of the motor-cycle by the appellant and the deceased who was going on foot, was seriously injured and he succumbed to the injuries on 7.7.1979 in M.Y. Hospital, Indore. The age of the deceased at the time of accident was 50 years as held by the Tribunal. The Tribunal found that the deceased was earning Rs. 6000/- per annum as agricultural income and on account of his death the claimants had been deprived of the dependency of Rs. 2000/- per month. Taking a multiplier of eight years the Tribunal assessed the pecuniary loss as Rs. 16000/- and deducting 10% therefrom on account of lump sum payment, the Tribunal awarded a total sum of Rs. 14,400/- as compensation payable to the claimants, by the appellant owner of the motorcycle. It appears that the motorcycle was not insured and the Insurance Company is, therefore, not a party in this appeal.

(3.) LEARNED Counsel for the appellant next contended that the amount of compensation awarded is on the higher side looking to the fact that the income from agriculture earned by the family is not only because of the individual efforts of the deceased. The deceased owned 15 Bighas of agricultural lands which have devolved on his heirs as a result of his death. Learned Counsel pointed out that P. W. 1 Meera widow of the deceased in paragraph 5 of her statement has stated that while Hemla was alive all family members jointly used to cultivate the lands. In paragraph 7 of her statement she stated to the effect that the deceased was accustomed to wearing good quality clothes and he was found of going out on tour. This shows that Hemla was spending the major amount of income on himself personally. The agricultural lands which have devolved on the claimants are bound to yield good income if the claimants who have been jointly cultivating the land alongwith the deceased prior to his death, continue to do agricultural work as before. In such circumstances the assessment by the Tribunal of loss of dependency to the extent of Rs. 2000/- per month is an over estimation. This contention of the learned Counsel deserves consideration. The learned Tribunal has not taken into account the fact that the agricultural lands have devolved on the claimants to be enjoyed by them. The loss of dependency is, therefore, referable to the factor of personal exertions of the deceased in cultivating the land and not to the factor of the land which is still in the hands of the claimants. In the circumstances, I deem it just and proper to reduce the amount of dependency from Rs. 2000/- to Rs. 1500/- per annum and consequently the amount of Award is liable to be reduced by 25%.