BISHNU CHARAN SWAIN Vs. ORISSA STATE ROAD TRANSPORT

JUDGEMENT

(1.) THIS is an appeal by the claimants under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). Matter was listed for taking steps relating to substitution of appellant No. 1. learned Counsel for the appellant submitted that the name of appellant No. 1 may be deleted. In that view of the matter, with consent of parties, appeal was heard. Since it is otherwise ready for hearing.

(2.) THERE is no dispute that death was on account of accident. Liability can be escaped if it is proved that there was no negligence. Award of some compensation which is not challenged in appeal or by cross -objection and has become final itself is a fact from which inference of negligence can be drawn since there is no scope for award of compensation without negligence. Only question therefore, is whether deceased had contributory negligence.

(3.) COMING to question of determination of just compensation, Tribunal has awarded compensation of Rs. 8, 400/ - only. It is beyond any imagination how such a small amount can be awarded as compensation for death of a man aged 22 years, who is not a liability to the family. The very fact that compensation has been awarded itself discloses that there was loss of dependency. In absence of any evidence of ihe loss a reasonable guess work can be made. There is clear evidence of the parents that deceased was helping them in agricultural operations. In absence of deceased, labourer may have to be engaged. Taking the income of a daily labourer at Rs. 10/ - per day at the time of death, it can safely be guessed that the deceased was earning Rs. 300/ - per month, out of which his expenses being deducted, loss of dependency can be determined at Rs. 200/ - per month or Rs. 2, 400/ - annually. Mother is aged 50 years and father is aged 60 years. Thus, loss of dependency would have continued at least for 15 days, taking average longevity of a lady in India to be 65 years. If mathematically calculated, compensation comes to Rs. 36, 000/ -. However, mathematics may be a good servant but is a bad master. Taking into consideration uncertainties of life, and benefit of lump sum payment, I am satisfied that the amount of Rs. 30, 000/ - would be adequate compensation in the circumstances of the case.