STATE OF RAJASTHAN Vs. LAXMI SHARMA

JUDGEMENT

(1.) THIS appeal has been filed under Section 110 -D, Motor Vehicles Act, 1939, against the award of the Motor Accidents Claims Tribunal, Udaipur dated October 29, 1985 awarding compensation to the tune of Rs. 1,39,000/ - with interest at the rate of 10 per cent per annum. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON May 24,1983, the deceased Kailash Chandra Sharma, Assistant Engineer, Drilling and Hand Pump Division I, Public Health Engineering Department, Jaipur, was going in the Government jeep No. RRB 6279 on Government duty from Jaipur to Udaipur. The jeep was being driven by its driver Gajendra Singh, respondent No. 7. It overturned and fell in a deep ditch on the National Highway No. 8 in between Nathdwara -Delwara near village Nevra. He received serious injuries. He was immediately taken to the Government Hospital, Udaipur where he succumbed to his injuries on May 25, 1983. On August 29, 1983, a claim petition was filed claiming Rs. 4,30,000/ -stating that the claimants were wholly dependent upon the deceased, he was 42 years of age at the time of the accident, his monthly salary was Rs. 2,356/ -, the jeep belonged to the Government of Rajasthan and it was being driven negligently and rashly by its driver. In their reply, the non -petitioners -respondents admitted that the jeep belonged to the Government of Rajasthan, accident took place, the deceased Kailash Chandra Sharma was Assistant Engineer in the Public Health Engineering Department, he was getting Rs. 1,956/ - per month as his salary and he was 42 years old at the time of the accident. The remaining averments of the claim petition were denied. It has further been averred that the accident occurred on account of the failure of the tie -rod of the jeep, a son of the deceased has been given employment, family pension has been granted, payment of amount of gratuity etc. has been made and Rs. 10,000/ - have also been granted as aid to the claimants on humanitarian considerations. After framing the necessary issues and recording the evidence of the parties, the Tribunal held that the accident occurred on account of the rash and negligent driving of the jeep by its driver Gajendra Singh and the claimants are entitled to get Rs. 1,39,000/ - as compensation and passed the award as said above.

(3.) THE respondent Nos. 1 to 6 have filed cross -objections for the enhancement of the amount of compensation and rate of interest. It has been contended by the learned counsel for the claimant -respondents that the learned Member of the Tribunal has seriously erred to apply the multiplier of 8 only and the multiplier of 23 should have been applied as admittedly the deceased was 42 years old at the time of the accident. He also contended that the Tribunal did not take into consideration future promotions and increments and the deduction on account of personal expenses has been effected in excess. He further contended that the interest awarded at the rate of 10 per cent is inadequate and it should have been at the rate of 12 per cent from the date of the filing of the claim petition. He lastly contended that the Tribunal should have allowed payment of some amount in cash out of the compensation to meet the expenses for the marriage of the claimant No. 5 Chitra and for the education of the other minor claimants.