MANGILAL Vs. KESRA

JUDGEMENT

(1.) THIS is an appeal against the Judgment and award dated 29. 4. 92 passed in civil misc. case No. 49/90 by which the Motor Accident Claims Tribunal passed the total award of Rs. 32,000/- in favour of claimants.

(2.) THE brief facts leading to the present case are that on 12. 5. 90, in the morning at about 9. 30 AM, deceased Ladhuram was hit by truck bearing No. RJ. 4-G 0030. THE above truck was being driven by one Kesra, respondent No. 1. THE respondent No. 2 is the owner of the vehicle; whereas respondent No. 2 is the insurer of the vehicle. It was claimed by the claimants that deceased Ladhuram was of the age of 45 years at the time of accident and truck hit him from behind causing serious injuries resulting into death of ladhuram. THE life expectancy of Ladhuram was alleged upto 70 years only and it was submitted that he would have earned upto age of 70 years. Deceased Ladhuram was earning Rs. 2000/- per month, therefore, according to claimants, they are entitled to Rs. 3 lacks as loss of income in 25 years of the life expectancy of deceased ladhuram. THE claimant No. 2 also claimed Rs. 50,000/- on the ground of loss of consortium, mental shock etc. THE claimant No. 1 claimed Rs. 50,000/- for mental shock and deprivation of love of the father and also deprivation of proper guidance of father. In total, claimants claimed Rs. 5 lacks against the non-claimants/respondents.

(3.) THE Tribunal recorded the finding of fact that deceased was earning Rs. 2000/- per month but Tribunal has not assessed the future prospects of income of deceased. Looking to the age of deceased which is found to be 65 years, the future prospects of earning of deceased was not good, therefore, Rs. 500/- can be taken as average future prospects income of deceased, but at the same time, deceased would have utilised atleast Rs. 500/- per months for himself looking to his old age and would have spared Rs. 2000/- for his family members, therefore, dependency of claimants can be assessed as Rs. 2000/- per month which comes to Rs. 24,000/- per annum. Looking to the present trained of longevity and looking to the evidence that brother of deceased was alive and who is of the age of 73 years, therefore, it will be appropriate to apply the multiplier of 5 in this case which will be as claimed by claimants themselves because claimants themselves have stated in the claim petition that deceased would have earned upto the age of 70 years, therefore, claimants are entitled for Rs. 24,000/- per annum for 5 years, which comes to Rs. 1,20,000/-, therefore, finding on issued No. 2 is modified and it is held that claimants are entitled for Rs. 1,20,000/- instead of Rs. 32,000/ -. It appears from the award that Tribunal has not awarded any amount to the claimants on the ground of deprivation of loss of consortium to the applicant No. 2. I deem it proper to award Rs. 20,000/- applicant No. 2. THE applicant No. 1 is also entitled for Rs. 10,000/- for loss of love and affection of his father as well as applicant No. 2 is also entitled for above amount of Rs. 10,000/- on account of loss of love and affection as well as mental shock. THErefore, the claimants are entitled for total amount of Rs. Rs. 1,60,000/- instead of Rs. 32, 000/- only. THE claimants will be entitled to interest @ 9% per annum from the date of filing of claim petition over the enhanced amount.