H.R.T.C. Vs. SUBHDRA DEVI

JUDGEMENT

(1.) All these appeals arise out of the same accident, as such those are being disposed of by this common judgment. In this behalf it may be noted that FAOs No. 279 of 1996 and 280 of 1996 arise out of a common award and other two appeals arise out of separate awards passed by the learned Motor Accident Claims Tribunal, Chamba.

(2.) In FAO No. 341 of 1995 deceased is one Lehru Ram. He died in an accident, which took place on 5.11.1993 at 7.30 p.m. at Dawaru Nallah, which falls within the jurisdiction of Police, Station, Kihar. Vehicle involved in this accident being bus bearing registration no. HP -47 -0857. Its driver was one Kehar Singh. He was employed by the appellant -Corporation. Driver of this bus died in the accident, besides number of other persons. Factum of accident was not disputed between the parties at the time of hearing. In this case, appellants have been made liable to pay compensation in the sum of Rs. 1, 11,000/ - with 12% interest per annum from the date of petition i.e. 16.3.1994 till the date of payment. This compensation is inclusive of interim compensation allowed under no fault liability. Besides this, cost of Rs. 550/ - has also been levied. Income of the deceased according to his parents was Rs. 2,000/ - per month and the learned Tribunal below worked out the dependence of his parents at Rs. 600/ -per month or say Rs. 7200/ - per annum. Income of Rs. 2000/ - p.m. as pleaded by the parents of the deceased was not accepted.

(3.) In FAO No. 344 of 1995 Bhagat Ram was the deceased. Respondent No. 1 is his widow, whereas respondents No. 2 to 8 is his minor children. Smt. Jeebo mother of the deceased was also one of the claimants. She died during the pendency of this appeal and thus her name was deleted from the array of respondents vide order dated 11.3.1997. Claim set up by the respondents, was that the deceased was 45 years of age and was working as Work Charge regular Beldar with National Hydroelectric Power Corporation Limited, at Chamba -I Project (hereinafter referred to as the NHPC) and his monthly income was Rs. 3149/ -. Learned Tribunal below awarded compensation in the sum of Rs. 3, 60,000/ - with 12% interest per annum from the date of petition i.e. 15.3.1994 till the date of deposit, besides costs of Rs. 550/ -. Any amount paid/received by the claimants under no fault liability has been ordered to be adjusted against the final award. Apportionment was also made by the learned Tribunal below. According to it, Rs. 1, 00,000/ - as payable to respondent No. 1 and out of the remaining amount Rs. 30,000/ - each to respondents No. 2 to 8 and Rs. 50,000/ - to Smt. Jeebo, mother of the deceased has been ordered to be paid.