RENU BAKSHI Vs. PREM PARKASH SHARMA

JUDGEMENT

(1.) This judgment of mine shall dispose of FAO Nos. 4133 and 3781 of 2012 filed by claimants and Insurance Company, respectively, as the same have arisen out of the common award dated 2.5.2012 passed by Motor Accident Claims Tribunal, Jind (hereinafter referred to as 'the Tribunal'). FAO No. 4133 of 2012 has been filed by the claimants for enhancement of amount of compensation, whereas, FAO No. 3781 of 2012 has been filed by the Insurance Company for setting aside the award passed by the Tribunal. For the sake of convenience, facts are being extracted from FAO No. 4133 of 2012.

(2.) Briefly the facts of the case are that a claim petition was filed by the claimants under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), who are widow, minor daughters and mother of the deceased, namely, Krishan Kumar, who was 43 years of age at the time of his death in the accident. On 18.4.2011 at around 6.00 pm, deceased Krishan Kumar was returning from his fields to his house on a motor cycle. On reaching near cremation ground road T point on Narwana- Hisar Highway, his motorcycle was hit by the offending bus bearing registration No. HR-56-1546, which was being driven in a rash and negligent manner. Resultantly, he fell down on the road and got crushed under its front driver's side wheel and died at the spot. The driver of the offending vehicle ran away from the spot by leaving the bus there. Postmortem of the dead body was got conducted in General Hospital, Narwana. A criminal case was registered under Sections 279, 304-A and 427 Penal Code vide FIR No. 73 dated 18.4.2011 at Police Station City Narwana against the driver of the offending vehicle. The offending bus was owned by the Luxmi Cooperative Transport Society, Khardwal, Tehsil Narwana, District Jind, respondent No.2 in the claim petition and was insured with the Oriental Insurance Company. As per claim petition, the deceased was Director of M/s Victory Marvel Seeds India Private Limited, Secundrabad and his monthly salary was Rs. 83,188.00. It was also mentioned that a sum of Rs. 50,000.00 was spent on transportation of dead body, funeral and last rights. Due to untimely death of the deceased, the dependant family members were deprived of his love and affection besides their livelihood. They also suffered great shock and mental agony. The claimants were fully dependent upon the deceased and were thus entitled for compensation. The claim petition was contested by the respondents by filing separate written statements.

(3.) The claim petition was allowed vide award dated 2.5.2012 and the claimants were held entitled for compensation to the tune of Rs. 26,10,000.00 which was to be paid by the respondents i.e. driver, owner and insurer of the bus jointly and severally. The claimants were also held entitled to interest at the rate of 9% per annum from the date of institution of the petition till realization of the amount. Out of total amount awarded, a sum of Rs. 8,10,000.00 was to be paid to the widow-Pushpa Devi and Rs. 8 lacs each to the minor children. An amount of Rs. 2 lacs was ordered to be paid to the mother of the deceased. Out of total share of widow and mother of the deceased, 25% was ordered to be paid in cash and the remaining 75% was ordered to be deposited in fixed deposit scheme fetching maximum rate of interest in a nationalised bank for a period of 10 years. However, they were also held entitled to receive periodical interest thereon. The amount, which was to be paid to the minors, was ordered to be deposited in the fixed deposit scheme and they were held entitled to withdraw the same on attaining the age of majority. The widow of the deceased-Pushpa Devi was held entitled to receive periodical interest on the amount to be paid to both the minors, which was to be spent for maintenance of the children.