SUSHILA DEVI BHATIA Vs. JAGIR SINGH

JUDGEMENT

(1.) LETTERS Patent Appeal Nos. 81, 85 and 944 of 1988 are directed against the judgment of learned Single Judge dated 18. 9. 1987 and so these are being disposed of by a common judgment.

(2.) TWO sets of claimants filed application Under Section 110-A of the Motor Vehicle Act arising out of the fatal motor accident. The accident took place on November 13, 1981 between a car bearing No. CHA 1144 owned and possessed by Sh. Baldev Raj Bhatia who was driving the vehicle and was hit by truck No. JKQ 1465 being driven by Jagir Singh in a reckless manner resulting in causing serious injuries to the occupants of the car who ultimately lost their breath in Civil Hospital) Panipat. Mr. Om Parkash Bhatia and Smt. Sudershan Bhatia in one claim petition claimed a sum of Rs. 50,000.00 as compensation; whereas in the other claim petition Smt. Sushila Devi Bhatia w/o Sh. Baldev Raj Bhatia, Kamlesh Kumar Bhatia and Sanjeev Kumar Bhatia sons of Baldev Raj Bhatia laid a claim of Rs. 2 lacs. In both the claim petitions claim was laid against the owner of the truck as well as insurance companies of the truck and the car. Motor Accident Tribunal after framing issues, permitted the parties to adduce evidence and thereafter arrived at the conclusion that the incumbents of the car lost their lives on account of rash and negligent driving by the driver of the truck bearing No. JKQ 1465. While evaluating the claim, the Tribunal came to the conclusion that Sanjay Bhatia was a student of B. A. Part II and would have risen high on account of his good academic record. Applying the usual a guess work in such like cases, the Tribunal held that the deceased would have earned at least Rs. 5q0.00 per month in the beginning and after sometime the same would have risen considerably. This way claimants dependency was determined at Rs. 150.00 per mensem i. e. Rs. 1800.00 per annum. Keeping in view the tender age, multiplier of 20 was applied and so compensation payable to the claimants was assessed at Rs. 36,000/ -.

(3.) FEELING aggrieved by the award of the Motor Accident Claims Tribunal, appeal Was filed by Om Parkash Bhatia and his wife. Another appeal was filed by Smt. Sushila Devi and her two sons and cross-objections were filed by M/s Kailash Transport Services-owner of the truck. Both the appeals as well as cross-objections were taken up together and were disposed of by a common judgment which is now being impugned. Learned Single Judge on considering the matter on fact as well as law found merit in the contentions raised by the appellants and so both the appeals were accepted to the extent indicated in the judgment; whereas cross-objections filed by M/s Kailash Transport services were dismissed. Learned Single Judge enhanced the amount of compensation in the case of Om Parkash Bhatia and his wife to Rs. 50,000.00 as claimed. As regards the claim set up by Smt. Sushila Devi Bhatia and her two sons, the Court determined the amount to be paid to the claimants as Rs. 1,24,716.00 to court allowed payment of Estate duty that the claimants would pay i. e. Rs. 94,716.00 whereas evaluated the contribution of the deceased to the family at Rs. 500.00 per month. Since the deceased was aged 63 years, multiplier of 5 was applied and so a sum of Rs. 30,000.00 was awarded as compensation to the claimants. Besides it, interest at the rate of 12% per annum from the date of application was also awarded. However, it was stipulated that since the liability of the insurance company is to the extent of Rs. 50,000.00 as per terms of the policy, it is liable to this extent only. As noticed in the opening part of the judgment, appeals have been preferred.