BHAGWAN SAHAY & ORS. Vs. GANGURAM & ORS.

JUDGEMENT

(1.) On 28th May, 1994 at about 5.30 p.m., on National Highway No. 11 near village Sikandara Ki Dhani, Kumari Bina and Smt. Durga Devi were travelling in tractor. The tractor was parked on the side, when a Tanker bearing Registration No. GJ 12 T 8512 came from the side of Manpur in a rash and negligent manner and collided with the parked tractor. As a result thereof, Smt. Durga Devi and Kumari Bina died. Legal heirs of Durga Devi filed a claim petition. The said claim petition was decided by the Motor Accident Claims Tribunal, Dausa Camp at Bandikui by giving award dated 6th February, 1996. The finding given by the Tribunal that the accident had occurred due to rash and negligent driving of offending vehicle has not been assailed. The present appeal has been, filed for enhancement of the award given in favour of the claimants of Durga Devi.

(2.) The Tribunal in its award determined the age of Durga Devi as 45 years. The Tribunal noted that in his testimony Ram Dayal A.W.1 son of Durga Devi deceased deposed that Durga Devi was earning Rs. 2,500 per month as a labourer and being a housewife was contributing for up-keep of her family. It is also admitted fact that Durga Devi after accident was admitted in SMS Hospital, Jaipur, where she died after six days of the occurrence. The Tribunal noted that Post-Mortem of Durga Devi was performed on 3rd June, 1994 and the occurrence had taken place on 28th May, 1994, therefore, Durga Devi in an injured condition was taken to the hospital at Jaipur. The Tribunal awarded Rs. 2,000 as transportation expenses for taking injured to the hospital. The Tribunal held that there is no evidence brought on record that Durga Devi was earning Rs. 2,500 per month as a labourer. However, the Tribunal assessed Rs. 600 per month as contribution of Durga Devi towards family and assessed his annual income as Rs. 7,200. The Tribunal further held that out of said income, 1/3rd is to be deducted as personal living expenses for Durga Devi and thereafter, applied multiplier of 12 and awarded Rs. 89,600 as compensation. Besides the above amount, the Tribunal also awarded Rs. 5,000 to each family member towards physical pain and loss. The Tribunal further held that since offending vehicle was insured with the respondent No. 4 United India Insurance Co. Ltd., Jaipur, the amount of compensation is liable to be paid by the Insurance Company.

(3.) Nobody has appeared on behalf of the Insurance Company.