NEW INDIA ASSURANCE CO LTD Vs. RAM CHARAN

JUDGEMENT

(1.) This appeal is by the insurance company against the award dated 5.2.1997 passed by the Motor Accidents Claims Tribunal, Shivpuri, in Claim Case No. 121 of 1994.

(2.) The facts, for effective disposal of the appeal, are that deceased Uttam was crushed to death under dumper No. MP 08 A 1932 belonging to non-claimant No. 2 Gopal Ganesh Constructions and insured by non-claimant No. 3 the New India Assurance Co. Ltd. On 15.7.1994 it is alleged that the aforesaid dumper, being driven in rash and negligent manner by its driver Rakesh dashed against a tree as a result of which deceased Uttam who was employed as a cleaner with non-claimant No. 2 crushed under the dumper and died. Therefore, the present claim petition was filed by his mother, father and wife for compensation before the Tribunal.

(3.) The Tribunal after recording necessary evidence came to the conclusion that the deceased Uttam was employed with non-claimant Gopal Ganesh Constructions, Shivpuri and awarded the compensation in terms of Rs. 1,74,500. Though the Tribunal did not believe that the deceased was drawing Rs. 1,20.0 per month and Rs. 10 per day as allowance on outsta- tion duties, yet the Tribunal held that his income was Rs. 15,000 per annum as per Schedule 2, serial No. 6 of the Motor Vehicles Act, 1988. On the basis of treating the income of the deceased to be Rs. 15,000 per annum and reducing 1/3rd which would have been spent by the deceased for himself the Tribunal found the dependency to the extent of 2/3rd and applied the multiplier of 17. Learned Tribunal also awarded Rs. 2,000 for funeral expenses and Rs. 2,500 for loss to estate. Thus it comes to Rs. 1,74,500 as compensation. In addition to Rs. 1,74,500 the wife alone was awarded a sum of Rs. 5,000 for the loss of consortium with interest at the rate of 12 per cent per annum from the date of application/claim petition. The Tribunal has also directed that the amount of interim compensation shall be adjusted. A sum of Rs. 3,600 was fixed as lawyer's fee.