STATE OF HARYANA Vs. KUMARI PALLAVI

JUDGEMENT

(1.) BY this common judgment both the F. A. Os. No. 1657 and 1656 of 1993 can conveniently be disposed of together. Both the appeals are directed against a common award passed by the learned Motor Accident Claims Tribunal, Sonepat dated 14. 6. 1993, in two separate claim petitions filed by respondent Kumari Pallavi and Master Parul, Since common questions are involved, therefore, they can conveniently be taken up and disposed of together.

(2.) THE relevant facts are that respondents 1 and 2 had filed a claim petition with the Motor Accident Claims Tribunal, Sonepat (for short 'the Tribunal' ). The facts alleged were that Jai Bhagwan was driving the Haryana Roadways bus bearing registration No. HNC 1426. He was driving the same rashly and negligently. As a result of rash and negligent driving, he had head on collision with Maruti car. The father of respondents 1 and 2 Chetan Kumar and his wife were the two occupants of the car. Both of them succummed to the injuries. Vijay Pal is a resident of Bhagan. He lodged the first information report regarding the accident. Respondents 1 and 2 filed two claim petitions claiming Rs. 15 lacs regarding the death of their father and Rs. 10 lacs as compensation with respect to the death of their mother.

(3.) THE learned Tribunal framed the issues and held that the driver of the Haryana Roadways bus was driving the bus rashly and negligently. The contesting respondents had failed to prove that there was any attempt to overtake the vehicle namely the truck or that it was not negligent driving of the driver of the Haryana Roadways. The learned Tribunal further vide the impugned award held that income of Chetan Kumar was Rs. 1,46,175.00 from the partnership and Rs. 35,000.00 as personal income per annum. After deducting 30% income tax and giving 2/3rd as dependency to respondents 1 and 2, the same was calculated at Rs. 68,215/ -. Multiplier of 16 was applied and the compensation thus was awarded amounting to Rs. 10,91,440.00 on account of death of Chetan Kumar. In case of death of the mother of respondents 1 and 2, it was recorded that she was earning Rs. 30,000.00 per annum from the business of M/s Business Associate. Dependency of 2/3rd was given to respondents 1 and 2 and applying the multiplier of 16, compensation of Rs. 3,20,000.00 was awarded. In addition to that the learned Tribunal awarded 15% interest per annum from the date of the petition till realisation. Aggrieved by the same, the appellants State of Haryana and National Insurance Company Ltd. have filed the present appeals.