SHEORATI DEVI Vs. SABHAPATI SINGH

JUDGEMENT

(1.) Both these appeals which are directed against the common judgment dated 8.2.2001 passed by the Court of Claim Tribunal-cum-District Judge, Vaishali at Hajipur in Claim Case No. 30/99 and Claim Case No. 31/99 awarding compensation under Section 166 of the Motor Vehicles Act, 1988 (in short 'MV Act, 1988) are being disposed of by this order.

(2.) The facts of the case are that on 7.3.1999 both the deceased Bharat Singh and Uday Chandra Pd. Singh were going to Hajipur on a scooter to catch a train at Hajipur Railway Station. They were being followed by two sons of deceased Uday Chandra Pd. Singh on Hero Honda Motorcycle. At about 4.30 p.m. when both the deceased reached near Jharua More at Hajipur, a tractor along with trailer bearing registration No. BR-31/6804 and BR-31/7669 came sharply and negligently from the side of Hajipur town and dashed against the scooter and both the deceased were thrown out and received multiple injuries. Deceased Bharat Singh was admitted to Sadar Hospital, Hajipur from where he was shifted to Patna Medical Coh-ge and Hospital where he died in course of treatment. Deceased Uday Chandra Pd. Singh was first admitted to Budha Orthopedic Hospital, Hajipur from where he was shifted to the clinic of Dr. R.C. Ram, Patna where he also died. At the time of death Bharat Singh was aged about 46 years and was employed as Sub-Divisional Engineer in the office of Regional Engineering Maintenance Telcom Bihar Circle, Patna and his monthly income was Rs. 13053/-. He died leaving behind his widow and son, appellant Nos. 1 and 2 respectively of M.A. No. 202 of 2001 and a minor son. About deceased Uday Chandra Pd. Singh it is alleged that at the time of death he was a Central Government employee posted as Sectional Supervisor in the office of the General Manager, Telcom Department, Jamshedpur. He was aged about 55 years and he died leaving behind his widow, two sons and one unmarried daughter, appellants of M.A. No. 203 of 2001 and his monthly salary was Rs. 8,444/-. At the time of accident the tractor in question was under Insurance Policy issued by National Insurance Company Limited, respondent No. 3 in both the appeals. Appellants of M.A. No. 202 of 2001 filed Claim Case No. 30/99 claiming compensation to the tune of Rs. 13,99,5121- and appellants M.A. No. 203 of 2001 filed Claim Case No. 31/99 claiming compensation to the tune of Rs. 7,99,072/-. The Court below awarded a sum of Rs. 3 lacs to appellants of M.A. No. 202 of 2001 and a sum of Rs. 2 lacs to appellants of M.A. No. 203 of 2001 with interest at the rate of 12% and Rs. 100/- as lawyer's fee and Rs. 25/- as lawyer's clerk fee.

(3.) E3eing aggrieved by the judgment of the Court below appellants have preferred these appeals on the ground that the Court below has wrongly deducted the family pension from the amount of compensation and it has wrongly estimated the transport and personal expenses at a higher figure, it has not granted any amount for funeral expenses, loss of consortium loss of estate etc. and it has not applied correct multiplier. Appellants have prayed for higher compensation to the extent of their claim.