DHARMENDRA SHARMA Vs. KISHAN SINGH

JUDGEMENT

(1.) On 21.11.1993 Dharmendra Sharma, Jitendra Sharma, Ruchi Sharma, Vinay Rai, Prinaka Rai, Himanshu and Mithulal were proceeding in Maruti van No. RJ 19-T 0680 from Ajmer to Jodhpur. When they reached near Sendra, bus No. RJP 2214 coming from the opposite direction dashed with the Maruti van in a rash and negligent manner. Vinay Rai, Jitendra Sharma and Ruchi Sharma died at the spot, Dharmendra Sharma and Mithulal were injured. F.I.R. was lodged against the driver of the bus for offences punishable under sections 279, 337 and 304-A, Indian Penal Code. Four Claim Petition Nos. 86, 78, 87 and 60 of 1994 were filed before the Tribunal by different claimants.

(2.) Claim Petition No. 86 of 1994 was filed by claimants Dharmendra Sharma and his wife Munni Rani on account of death of their son Jitendra Sharma who was only 21 years old. They claimed in all Rs. 20,51,000 on the ground that their son Jitendra Sharma was only 21 years at the time of the accident. In 1993 he passed B.Com. with a merit certificate from Ministry of Human Resources and Development (Department of Education), Govt. of India and also appeared in Entrance Examination of Chartered Accountants of India. He excelled in various extra curricular activities also. Immediately after passing his B.Com. examination he was working with Suncity Tours and Travels and getting salary of Rs. 2,500 per month. He applied for overseas job in Saudi Arabia and already got the appointment in Khair Perfumery at Jeddah in Saudi Arabia with the monthly salary of 1,600 Saudi Riyals, which is equivalent to Rs. 16,000 in Indian currency. The appointment letter, Exh. 28-A, was also produced on record. Unfortunately, before he joined he died in the accident. The claimants being his parents have, therefore, filed Claim Petition No. 86 of 1994 and claimed a total sum of Rs. 20,51,000.

(3.) However, learned Tribunal after considering the oral as well as documentary evidence on record including the appointment letter of deceased Jitendra Sharma from Saudi Arabia company computed the dependency amount at Rs. 7,20,800 but in view of the judgment of Hon'ble Supreme Court in the case of General Manager, Kerala State Road Transport Corpn. v.Susamma Thomas, 1994 ACJ 1 (SC), has awarded only Rs. 3,20,000 as the dependency value. In addition to it the Claims Tribunal allowed Rs. 1,000 for transportation purposes for removing the body and taxi charges and also paid Rs. 50,000 on account of loss of love and affection and Rs. 25,000 as funeral expenses. Thus in all, the Tribunal awarded Rs. 3,96,000 to the claimants against claim of Rs. 20,51,000.