UMA MITTAL Vs. LN SURESH PAWAR

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the Award dated 21. 10. 1992 rendered by the Motor Accidents Claims Tribunal, Ambala

(2.) IN brief, the facts are that on 12. 9. 1991, one Ishwar Dayal along with one Kishan Singh sitting on the pillion seat were proceeding on Scooter No. CHI-6109 from Ambala to Panchkula. When the scooter driven by Ishwar Dayal reached near HUDA Nursery, Sector 19, Panchkula. a military vehicle bearing registration No. 87-D 73396-H being driven by respondent No. 1. came from the opposite direction. It is the case of the claimants that the military vehicle was being driven by respondent No. 1 in a rash and negligent manner and it came to a wrong side and hit the scooterist. Ishar Dayal succumbed to his injuries at the spot and Krishan Singh suffered fracture of his leg. In the claim petition, it was urged that Ishwar Dayal was earning Rs. 3000/per month from his trade of sale of ready made garments. Union of India and the military vehicle driver contested the petition and in their joint written statement, they took up a plea that the accident took place on account of the negligence of the Scooterist, Ishar Dayal, the precise case set up by them was that Ishwar Dayal, in his attempt to overtake another scooter, struck his scooter against the driver's side of the military vehicle which was proceeding on the correct and left side of the road. It was also pleaded that Ishwar Dayal and his companion were under the spell of liquor and driving the scooter at a high speed.

(3.) ON Issue No. 2, the learned Tribunal held that Ishwar Dayal died as a result of rash and negligent driving of military vehicle by its driver Suresh Pawar and also on account of his own rash and negligent driving of scooter. On Issue No. 3 i. e. "to what amount claimants are entitled as compensation and against whom?", the learned Tribunal, on the basis of income earned by the deceased and the family dependency, came to the conclusion that he was spending Rs. 1,600/per month on his family. Since the deceased was 50 years old, multiplier of 10 was applied and the compensation was assessed at Rs. 1,92,009/ -. Because of finding of contributory negligence, the amount was reduced to half and it was held that the claimants Uma Mittal and Kavita Gupta (widow and daughter respectively) of Ishwar Dayal (deceased) are entitled to a sum of Rs. 96,000.00 as compensation in equal shares on account of death of Ishwar Dayal. They were also held entitled to interest at the rate of 12 per cent per annum from the date of petition till realisation. Hence the appeal by the claimants.