PUSHPA SHARMA Vs. DARSHAN SINGH

JUDGEMENT

(1.) This civil misc. appeal has been filed by the widow of Major Brij Bhushan Sharma deceased, two daughters and son of the deceased for enhancement of compensation as awarded by the Motor Accidents Claims Tribunal, Kotputli vide its order dated 16.2.1998, whereby the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal') had awarded an amount of Rs. 1,50,000 along with interest.

(2.) The deceased had died in the accident on .24.6.1989 near village Bhabharu, Tehsil Kotputli. He was a retired Major from Army and was doing the business of handicraft and garments export having his own company. By qualification he was a Mechanical Engineer. It is stated that at the time of death he had entered in a new business in the name of Broman Fixright Hydraulic Consultant. He died while travelling in the bus No. RNP 3055 of the R.S.R.T.C. while going from Jaipur to Delhi when the said bus had dashed from behind a stationary bus of U.P. Roadways, resulting another truck No. HNR 5225 dashing to the bus of the Roadways. Not only three vehicles were involved but another vehicle truck No. RNA 4515 coming from front side also dashed because of the said accident of the bus of R.S.R.T.C. It was the case of the claimants that the deceased was getting a pension of Rs. 1,945 at that time and was in addition to above being a highly qualified person, i.e., Mechanical Engineer, was earning another sum of Rs. 10,000 p.m.

(3.) The Tribunal in M.A.C.T. Case No. 454 of 1993, on issue No. 1 on the point of negligence had come to a finding that the accident has been caused because of the negligent driving of not only the bus but both the trucks as well. The Tribunal had exonerated the bus of U.P. Roadways. However, while assessing the compensation, the Tribunal had held that the family pension was being granted to the claimants of the amount of Rs. 1,155 after the death, the amount of which pension was about Rs. 2,000 before the death, but for the reason that widow had not been able to produce the records and the accounts of the export business, the Tribunal had fixed the annual income of the deceased Major Brij Bhushan Sharma to be Rs. 15,000 and after deducting 1/3rd of such income, had fixed the dependency income to be Rs. 10,000 p.a. only with a multiplier of 11. Thus an amount of Rs. 1,10,000 was granted as compensation. Apart from above, consortium relief was granted as Rs. 15,000 towards love and affection and mental agony Rs. 20,000, Rs. 5,000 for cremation expenses and thus a total amount of Rs. 1,50,000 was granted. The order is being challenged by the claimants on the point of compensation as well as the multiplier.