SOM NATH Vs. MOHAN LAL

JUDGEMENT

(1.) THE appellants filed a claim petition under Section 110-A of the Motor Vehicles Act (for short 'the Act') against the respondents claiming a compensation of Rs One lac and Fifty thousands on account of death of their son Pawan Kumar in a vehicular accident. The learned Motor Accidents Claims Tribunal awarded a compensation of Rs, 38,400/- besides interest at the rate of 10% per annum from the date of institution of the claim petition till its realisation. While arriving at this figure, the Tribunal took a contribution of Rs. 200/- per month by the deceased to his parents for a period of 16 years. In the present appeal filed by the parents of the deceased the only controversy is as to what amount of compensation the claimants are entitled to.

(2.) THERE is no dispute that Pawan Kumar, the son of the claimants died in an accident on account of rash and negligent driving of a bus by the driver, respondent No. 1. The Tribunal has found as a fact Pawan Kumar was a partner in the firm and the said firm was income tax assessee and had earned profits during the financial years 1975-76. 1976-77 and 1977-78. Copies of the returns have been proved on the record as Exhibits PA, PB and PC Pawan Kumar aged about 17 years died at the spot in the accident which took place on June 11, 1978.

(3.) LEARNED counsel for the claimants seeking enhancement of compensation pointed out that during the financial year 1977-78, Pawan Kumar deceased earned a profit of Rs. 9958-05as a partner of the firm, his share being 1/8th in the firm M/s. Rameshwar Dass ved Parkash. A reading of income-tax return Exhibit PWB/a clearly goes to show that the firm returned assessable income of Rs. 79660/- and it was assessed to income-tax to the tune of Rs. 8,000/the deceased's share being l/8tb, he was entitled to Its 9958-05 minus Rs. 1000/- towards deductions on account of income-tax. Thus, the deceased would get Rs. 8938. 05, on account of his share in the firm where he was working at the time- of his death. In other words, the earning of the deceased comes to Rs. 750/- per, month. Father of the deceased at the relevant time was aged 45 years and the mother 38 years. As per evidence brought on the record, the father of the deceased was only earning Rs. 100/- to Rs. 200/- per month and the parents were dependant upon their son Pawan Kumar, deceased. Learned counsel for the respondents has not been able to controvert the above facts. In the premises it has been strenuously argued that the appellants were entitled to a much higher amount of Compensation than the one awarded by the Tribunal.