UNION OF INDIA Vs. BALWANT KAUR

JUDGEMENT

(1.) THIS appeal filed under Section 110-D of the Motor Vehicles Act is directed against an award dated 31-10-81 given by the Member, Motor Accidents Claims Tribunal, Shajapur, in Claim Case No. 9 of 77, whereby he has awarded a total compensation of Rs. 55,915/- plus costs, though the respondent-claimants had put up a claim for Rs. 2,88,000/-.

(2.) THE facts giving rise to this appeal, which are no longer in dispute may be stated, in brief, thus: That the deceased Shri B.K. Khalsa, who was an employee of the appellant Union of India, had in the month of January, 1977 gone to Shajapur for the purpose of audit and up-to 12-1-77 he had inspected the audit work in the office of PW 1, Survey and Construction; that Shri S.P. Mathur was the Divisional Officer under whom the deceased was working; that Shri Mathur had gone to Shajapur in connection with the audit work done by deceased B.S. Khalsa. On 14-1-77 Shri S.P. Mathur had requested Shri R.S. Verma, Executive Engineer, S and C, to provide him with jeep No. MPH-8198 belonging to the Railway for going to Berchha as Shri Mathur wanted to return to Kota which is his headquarters. Accordingly at about 9.30 p.m. Shri Mathur left Shajapur in the said jeep for Berchha along with the deceased B.S. Khalsa. The driver of the said jeep was Narayan Singh, who died in the accident. While returning from Berchha to Shajapur the jeep met with an accident as a result of which the deceased B S. Khalsa received injuries for which he was immediately admitted in the Civil Hospital at Shajapur, wherefrom for further treatment he was shifted to Kota and ultimately to Bombay where he died in the hospital on 4-2-1977.

(3.) ACCORDING to the claimants the deceased at the time of his death was drawing total monthly emoluments to the tune of Rs. 1078-30 p. in the grade of Rs. 500-20-700 EB 25-900 though his basic pay was Rs. 725/- per month; that at that time the deceased who was aged only 39 years had put in service of 19 years and in the near future was likely to be promoted as a Divisional Auditor in the grade of Rs. 840-1200; that the accident occurred while the deceased was on duty in connection with the audit work; that after spending about Rs. 150/- per month for himself the rest of the amount was spent on the family to which extent the family was dependant on him; that there was longivity in the family and that the deceased could have very easily served upto the period of superannuation. The claimants after making the necessary calculations put up a claim for Rs. 2,88,000/-.