SURAJ KANWAR Vs. RSRTC

JUDGEMENT

(1.) THE claimant-appellants have filed this appeal for enhancement of the amount of compensation in respect of death of late Shri Kapoor Chand Nuwal, Advocate, Bundi who died in an accident arising out of a motor vehicle on 12. 04. 1989.

(2.) THE claimant-appellants filed an application for compensation of Rs. 20,38,000/- against the non-claimant- respondents. It was pleaded that deceased Kapoor Chand Nuwal was going on his scooter from Bundi to Keshoraipatan and when he had crossed pulia (narrow bridge) then a bus belonging to RSRTC, Jaipur bearing No. RNE-8665 came in a very high speed and hit the scooter. THE scooter driver sustained injuries, he was admitted in hospital where he died. It was also pleaded that deceased late Shri Kapoor Chand Nuwal was an. Advocate. He was earning Rs. 75,000/- per year. It was also pleaded that he was 56 years of age, he would have earned Rs. 1,50,000/- per year upto the age of 75 years. THE respondents-non-claimants filed their written reply wherein contents of the application were denied. It was submitted that accident took place due to negligence on the part of the deceased. THE learned tribunal framed as many as five issues. Both the parties led oral as well as documentary evidence. THE learned tribunal vide its judgment/award dated 22. 4. 1994 allowed the application for compensation and passed an award of Rs. 1,93,750/- along with interest at the rate of 12% per annum from the date of filing of claim application till the date of realisation. Being aggrieved with the aforesaid award, the appellant has filed this appeal before this court for enhancement of amount of compensation.

(3.) CONSEQUENTLY, I allow the appeal and set aside the finding of the tribunal in respect of issue No. 1 holding that deceased was equally liable for the accident. I hold that there was no negligence on the part of deceased and as such no deduction on account of contributory negligence on the part of the deceased can be made. The claimant-appellants are entitled to receive the entire amount of compensation calculated as Rs. 3,67,500/ -. Learned counsel for the claimant-appellants does not dispute that a sum of Rs. 1,83,750/- awarded by the tribunal has already been paid to the claimant-appellants, therefore, respondents are directed to deposit the remaining amount of Rs. 1,83,750/- in the tribunal. This amount will carry interest at the rate of 12% per annum from the date of filing of the application till the date of passing of the award i. e. , 22. 4. 1994 and at the rate of 6% per annum from the date of award i. e. , 22. 4. 94 till the date of deposit of the amount in the tribunal. The learned counsel for the respondents wants some time to deposit the amount of compensation with interest. Six weeks' time is allowed to the respondents to deposit the same. As and when the amount is deposited as directed above, the tribunal will deposit the said amount in the monthly income scheme/fixed deposit in post office for a period of six years in the name of appellant No. 1 Smt. Suraj Kanwar who will be entitled to receive the interest amount on monthly/quarterly basis and remaining amount will be received by her at the time of maturity of the MIS/fdr. No order as to costs. .