SUNITA RANI Vs. HARDEV SINGH

JUDGEMENT

(1.) The sole question raised in this appeal is with respect to the quantum of compensation payable to the widow and two minor children of less than 6 years of age of the deceased. Suresh Kumar (since deceased) aged 31 years was employed as Junior Engineer. He was drawing total emoluments of Rs. 2383.00 per month. Claimant Sunita Rani received Rs. 100000.00 from the Punjab State Electricity Board under the Group Insurance Scheme. Rs. 1,24,041.00 were received by her as special pensionary benefits in lieu of her right for compensation admissible under the Workmen Compensation Act, 1923. Sunita Rani was employed as clerk on compassionate ground. The Accident Claims Tribunal assessed the dependency of the claimants at Rs. 19,200.00 per annum and fixing a multiplier of 12 worked out the compensation payable to the claimants at Rs. 2,30,400.00-. The Tribunal deducted an amount of Rs. 1,24,041.00 paid as special pensionary benefits, and an amount of Rs. 100000/ - paid out of the Group Insurance Scheme and Rs. 15000.00- as per no fault liability clause and granted compensation of Rs. 10,000.00- each to the minor sons with 12% interest.

(2.) Section 140 of the Motor Vehicles Act, 1988, herein after referred to as 'the Act' fixes the liability of the delinquent, owner and the Insurance Company jointly and severally to pay compensation in case of death resulting from the accident arising out of the use of motor vehicles. It further provides that the claim for compensation shall not be reduced or divided for the reason of any wrongful act, neglect or default of the deceased involved with respect to whose death the compensation is being sought by the claimants. Reference may be made to Section 140 of the Act. The legislature in its wisdom vide Section 141 of the Act provided specifically a right to claim compensation under Section 140 of the Act in respect of the death and in addition to right to claim compensation in respect thereof under any provisions of this Act or any other law for the time being in force. Section 141 runs as under :

(3.) Section 141 (3) envisages that where a person is liable to pay compensation in accordance with the right on the principle of fault, he shall first pay the compensation as assessed under Section 140 of the Act. It is only in the eventuality of the compensation assessed under Section 140 falling short of compensation assessed under any other Act that he shall be liable to pay the amount of second-compensation in addition to first-mentioned.