RAM KUNWAR BAI Vs. HARI SHARMA

JUDGEMENT

(1.) THIS is an appeal under section 110-D of the Motor Vehicles Act, 1939 by the Claimants for enhancement of the amount of compensation of Rs. 11,500/- and of the rate of interest awarded by the Claims Tribunal.

(2.) ONE Maharaj Singh, the husband of the appellant No. 1 and the father of the appellant No. 2 was fatally injured and killed on 6-3-1980 by a mini-bus driven by the respondent No. 1 owned by the respondents Nos. 2 and 3 insured with the respondent no. 4. On an application for compensation, the Claims Tribunal has awarded compensation of Rs. 11,500/- with interest at the rate of 9 per cent per annum from the date of the application. In this appeal, the appellants claim enhancement of compensation with enhanced rate of interest

(3.) THE learned counsel for the claimants submitted that the compensation awarded by the Claims Tribunal was inadequate and the rate of interest was also below the rate usually granted by the Courts in such claim cases. He argued that after estimating the age of the deceased to be 60 years, his expectancy of life till 70 years, monthly income at Rs. 300/- and the monthly dependency at Rs. 150/-, the Claims tribunal ought to have considered the loss of dependency for a period of 10 years and should have accordingly determined the amount of compensation. It was contended that the deceased had income from agriculture, besides income from milk vending. The agricultural income has been totally ignored while making assessment of compensation, which has resulted in fixing a very low amount of compensation for the appellants. According to him, the Claims Tribunal also erred in not awarding interest at the rate of 12 percent per annum on the amount of compensation. He placed reliance in Raghuraji devi and Ors. vs. Hazilal Mohamad Biri Works, I (1985) ACC 238 (Allah.); Raj. State road Tpt. Corpn. , Jaipur vs. Shanti Upmannu and Ors. , II (1985) ACC 109 (Raj.); M. P. S. R. T. C. vs. Khargoba, 1986 (I)MPWN Note 163;rukmini Devi and Ors. vs. Basantilal and ors. , II (1984) ACC 71 (MP); Suraj Prakash and Ors. vs. Ram Nath and Ors. , I (1986) ACC 175 (Pandh); Bhuribai vs. Ramesh, 1983 MPWN Note 232; N. Shammed vs. Managing director, Pandian Roadways, 1985 MPWN Note 62;prem Chand vs. Jasoda, 1985 ACT 315 (Raj.); and Chameli Wati and another vs. MCD and Others, II (1985) ACC 373 (SC ).