INDARSEN NARANG Vs. KESARIA DEVI

JUDGEMENT

(1.) THIS appeal is by owner and Insurance Co. against award dated 3-10-80, in accident claims case No. 4 of 80 decided by the Claims Tribunal Satna.

(2.) THE appellant No. 1 is owner of the offending truck No. 7075 MPA while appellant No. 2 is the insurer. On the date of incident i.e. 18-11-76 Jamna Prasad was the driver of this vehicle. He was taking the truck to village Gorsari Khurd. Deceased Ramkrupal and Jwala Prasad (AW 4) were on their respective cycle and proceeding on the road by their left. The truck in question proceeding in the same direction, dashed against the deceased who died on the spot since he came under the wheels, Jwala Prasad lodged a report of the incident in police who registered a case under Section 304A of IPC against the driver. The respondents are the legal representatives of the deceased. The submitted that the deceased was aged 27-28 years and was hale and hearty and but for the accident he would have lived up to 70-80 years. He used to earn Rs. 2000/- by working as chacker and Rs. 6000/- from agriculture which he used to do by taking lands on lease. The respondents claimed Rs. 2,55,000/-from the appellants.

(3.) THE Tribunal found that the deceased was 28 years old and the annual dependency was Rs. 3000/-. According to him, the deceased would have lived up to the age of 65 years, meaning thereby that the legal representatives have been deprived of the annual dependency for the period of 37 years. After deducting amounts for lump sum payment and making other usual deductions, the Tribunal awarded compensation of Rs. 40,000/- to the respondents with interest @ 6% from the date of award. Aggrieved by the said award, the appellants have filed the present appeal. In the memo of appeal, the driver was shown as appellant but latter his name was deleted, since he was already dead before the passing of the award by the Claims Tribunal.