SASI BEWA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) CLAIMANT is the appellant in this appeal Under Section 110 -D of the Motor Vehicles Act, 1939 (in short 'the Act').

(2.) THE owner has not challenged the liability for compensation awarded which is on the basis of the negligent driving. It is, therefore, not open to the owner to challenge the finding of negligence in appeal by the claimant without filing a cross -objection to that effect. Accordingly, the negligent driving of the vehicle which caused the accident resulting in the death of the injured is confirmed.

(3.) MR Pujari, the learned Counsel for the appellant submitted that the Tribunal is not justified in computing the compensation for fourteen years. According to him, the recent trend of decisions indicate that the normal longevity is 70 years and the compensation is to be assessed in that light. What would be the longevity would depend on the facts and the circumstances of each case. Longevity of persons would depend upon the class to which the claimant belongs, the average longevity of a female in the family in which the claimant was born and also the average longevity of persons in the area where the claimant was residing. A family of rickshaw Duller can be stated to be below the poverty line. There is no material if longevity of such families has increased on account of availability of modern medical facilities or the development of the nation. Reduction of premature mortality would not be a circumstance to come to conclusion that average longevity of adults crossing the huddles of premature mortality has increased. However the normal life span of such class of people can be taken to bs 65 vears even keeping in mind the difference between the longevity of the person of two sexes. Thus, in the absence of any positive evidence, I assess the longevity of the claimant to be 65 years and accordingly, the just compensation is to be determined taking into consideration the annual contribution of Rs. l.OOO/ - pe.r year for 14 years, which comes to Rs. 14.000/ -.