SUNI SINGH Vs. KHITISH CHANDRA TRIPATHY

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') by the claimants who are parents and widow of the deceased. On 14.9.1987 at about 9.30 a.m. the vehicle ORM 1888 caused accident as a result of which deceased succumbed to the injuries. Claiming deceased to be aged 20 years, claimants asserted that the deceased was earning Rs. 360/ - per month and accordingly, they are entitled to compensation of Rs. 1,25,000/ -. While not disputing the accident, owner of the vehicle deined negligence blaming the deceased for the accidental account of his mental unsoundness. Insurer accepting the insurance denied all other facts.

(2.) TRIBUNAL held the deceased to be aged 20 years having monthly income of Rs. 360/ - out of which he was contributing Rs. 200/ - for dependency. Finding negligence of the driver to be cause of accident, tribunal applied multiple of 10 and determined just compensation at Rs. 24,000/ - with a direction that the amount is to be shared equally. He directed that out of the compensation in name of each claimant an amount of Rs. 5,000/ shall be deposited for five years in a nationalised bank for postal saving scheme. Balance was directed to be paid equally after deduction of the fee payable. Tribunal fixed rate of interest at 6% per annum if paid within two months and in case of non -payment at 12% per annum till date of payment. Against this award claimants have preferred this appeal.

(3.) TRIBUNAL held that the deceased would be requiring to keep him fit for which his contribution would be Rs. 200/ - only per month. There is no material in support of the same. When deceased was maintaining his parents and wife, in absence of any other material with regard to other amounts to be added to the income of the deceased, I am inclined to hold that the total amount was being spent equally. As such l/4th would be deducted and balance would be his contribution. This comes to Rs. 270/ -mathematically. Mathematics is a bad master and cannot control decisions in all circumstances. It is however, a great servant which can be best utilised to make a reasonable estimate. Making an overall consideration, in view of paucity of materials, I am inclined to hold that contribution of deceased for dependency of the claimants was Rs. 250/ -per month. Thus, annual loss of dependancy comes to Rs. 3,000/ -.