SUNITA ALIAS SAVITA Vs. SURENDER

JUDGEMENT

(1.) The claimants have filed the present appeal against the judgment of Motor Accident Claims Tribunal, Gurgaon dated 8.1.2000, by which a total compensation of Rs. 3,60,528/- was awarded to the claimants along with interest at the rate of 12% per annum.

(2.) Briefly the facts of the case are that on 18.4.1997, Gajraj Singh along with his cousin Omkar was coming from Dehradun side to Delhi side in his car bearing No. DL. 3CC-7412 at about 23.00 hrs and when they reached near village Ruhasa Maur within the jurisdiction of Police Station, Dorala (UP), District Meerut, a truck bearing No. DL-IGA-4578 came from the opposite side and hit car No. DL. 3CC-7412. As a result of the accident, Gajraj Singh received serious injuries and died in the hospital on the next day. Omkar alias Om Kumar also received fatal and grievous injuries including fracture on his leg and 5 teeth were broken. The claimants filed a claim petition before Motor Accident Claims Tribunal, Gurgaon claiming a sum of Rs. 10 lacs. On issue No. 1, i.e. with regard to whether the accident took place due to the rash and negligent driving of the truck driver, the Tribunal found that Bir Singh, driver of the vehicle was driving the truck in a rash and negligent manner. Omkar, who received grievous injuries has deposed that the driver of the truck was at a very high speed as a result of which the accident occurred. The evidence of PW-1 has remained unshaterred. Keeping in view the statement of PW-3 Omkar, it is held that the findings of the Tribunal with regard to the culpability of the driver of the truck in causing the accident is upheld, as a result of which it is held that the accident took place because of the rash and negligent driving of Bir Singh, driver of the offending vehicle.

(3.) The Tribunal has awarded a total compensation of Rs. 3,60,528/- along with 12% interest. Shri Praduman Yadav, learned Counsel for the appellants has argued that the deceased was working as a Mali in CWPD Department and was getting a carry home salary of Rs. 4000/- per month. His wife also stated that the deceased was 35 years of age and as per the salary slip Exhibit P-9, the deceased was getting salary of Rs. 3246/- per month has determined the compensation and has applied a multiplier of 14 in the instant case. Shri Yadav further contends that if unit system is applied as per the judgment in U.P. State Road Transport Corporation and others v. Trilok Chand, 1996 2 RRR 718, only 1/5th share be deducted because there were seven claimants in all, out of whom two are major and five are minors. If two units are allowed to each of the major and one unit to each of the minor and two units for the deceased, then the total number of units comes to 11. Thus, as the deceased was spending only two units on himself, therefore, the dependency would have to be worked out by applying a cut of only 1/5 amount. The net result is that the deceased was spending only a sum of Rs. 649/- on himself and, therefore, the total dependency of the claimants works out to Rs. 259/- per month i.e. Rs. 31,164/- per annum.