SANTILATA BASTIA Vs. HEMANTA KUMAR MOHANTY

JUDGEMENT

(1.) THE widow, minor children - son and daughter, and mother of one Madhab Chandra Bastia who died in an accident on 27 -4 -1978 while proceeding on the Cuttack -Paradeep road at Tatalapada due to the rash and negligent driving of the bus bearing registration number OSC 409/65 are the appellants against a decision of the Second Motor Accident Claims Tribunal, Cuttack, determining Rs. 20,000/ - as compensation payable to them.

(2.) MADHAB Chandra Bastia was a constable and was proceeding on the fateful day towards Kisannagar on the left side of the road. The vehicle is alleged to have come at a high speed and run over him. Madhab died at the spot. The widow, minor children and the mother claimed Rs. 49,000/ -as compensation. The owner did not contest but the insurer did and refuted the allegations and did not adduce any evidence. The claimants adduced evidence by examining three witnesses and proving the Service Book of Shri Bastia. No evidence was placed on behalf of the owner and the insurer, not even the driver who could have thrown light as to how the accident took place, was examined.

(3.) TO say the least, the determination of compensation has been excessively low. The tribunal did not take into account that pay scales of Government employees are undergoing revision upwards from time to time and at present a constable is receiving about Rs. 1000/ - as salary per month. Revisions in future are more probably. Therefore, quantification with reference to Rs. 400/ - whicn Shri Bastia was receiving at the time of his death was illogical and unreasonable. Shri Bastia died at the age of 38. He had 20 more years to serve. He would have enjoyed pension for some years. Taking all these aspects into consideration, I assess the average income of Shri Bastia at Rs. 500/ - out of which the dependency of the members of his family, i.e., financial contribution of Shri Bastia to the family, would not be less than Rs. 350/ - per month. It should not be forgotten that Shri Bastia out of his income would have given education to his children and given the daughter in marriage besides maintaining all the four of them. Having ascertained the monthly dependency of the family, what should be the multiplier to determine the total dependency ? On the facts and in the circumstances and taking into consideration the uncertainties of life and the fact that the claimants should receive a lumpsum which can be properly and prudently invested so as to receive a return, I am of the view that 12 years purchase would be just and reasonable. So calculated, the total compensation payable comes to Rs 350 x 12 x 12=Rs. 50,400/ -.