RITA SHARMA Vs. PAN CHAND

JUDGEMENT

(1.) RITA Sharma, a widow with three minors aged 6, 4-1/2 and 1-1/2 years as also dependent parents of V. K. Sharma, a Junior Engineer employed in Rashtriya Chemical and Fertilizer Limited Bombay had Field the petition Under Section 110-A of the Motor Vehicles Act claiming an amount of Rs. 6,00,000.00on account of death of Sh. V. K. Sharma who on the fateful day was riding Motorcycle bearing No. HPG-1269. The Motor Accidents Claims Tribunal vide its order dated 30,1. 1986 allowed compensation to the tune of Rs. 1,12,200/ -. The claimant-appellants have preferred this appeal against the inadequate compensation granted to them by grossly under assessing the pendency by the Motor Accidents Claims Tribunal. The MACT also held that accident took place due to the contributor negligence of the offending vehicle i. e. Motor Cycle No. PUD-789 and the deceased who was driving Motor Cycle No. HPG-1269. This finding is also under challenge in this appeal.

(2.) IT was inter alia pleaded by the claimants in the petition Under Section 110-A of the Motor Vehicles Act that on 16. 11. 1984 at about 11. 00 a. m. , V. K. Sharma (deceased) was coming from Una Nangal Road for proceeding towards Nangal Township on his Motor-Cycle No. HPG-1269 at a normal speed but when he was just passing through the crossing for going towards township, another motor cycle No. PUD-789 driven by Ram Surup came at a very high speed from the side of Geeta Mandir road Nangal and the driver of the said motor cycle hit the motor cycle driven by V. K. Sharma. As a result of which, later sustained multiple injuries and was then removed to the PGI and succumbed to the injuries on the next day i. e. 17. 11. 1984. V. K. Sharma was Junior Engineer employed in Rashtriya Chemical and Fertilizer Limited Bombay and was drawing Rs. 3000.00 per month.

(3.) WHILE determining issue No. 1, the Tribunal recorded its findings that accident was the result of negligence of the drivers of motor cycles i. e. Ram Sarup and V. K. Sharma (deceased ). While holding so, the Tribunal held that the claimants were entitled to 50% damage/compensation. Under issue No. 2, the Tribunal after returning finding that deceased was earning Rs. 2200.00 per month worked out dependency of the claimants at the rate of Rs. 1450.00 per month and it was held that an amount of Rs. 750.00 must have been spent by the deceased on himself. By applying multiplier of 16, the Tribunal awarded compensation to the tune of Rs. 1,12,200/ -.