NAINI DEVI Vs. KAILASH CHANDRA

JUDGEMENT

(1.) This appeal has been preferred against the award dated 27.12.1988 passed by learned Member, Motor Accidents Claims Tribunal, Jaipur, whereby in the fatal accident case it allowed compensation to the claimants-appellants for an amount of Rs. 2,03,000 with interest at the rate of 10 per cent per annum from the date of filing the claim petition. The Tribunal also gave detailed directions for apportionment, disbursement and investment of the award amount.

(2.) Briefly, the relevant facts are that on 27.5.1985, deceased Mangilal was going in jeep No. RJX 2248, which was being driven by the respondent No. 1, Kailash Chandra. The said jeep was owned by the Central Co-operative Bank Ltd., Tonk, respondent No. 2. The deceased Mangilal was a Co-operative Inspector on deputation in respondent bank. The said jeep was going from Chaksu to Kotkhawda. It is alleged that respondent Kailash, who was Assistant Executive Officer of respondent bank, drove the said jeep rashly, negligently and with very high speed. He dashed the jeep with the wall of a culvert. The jeep overturned and fell in a ditch and Mangilal, who was crushed under the jeep, sustained grievous injuries and died on the spot. Ramuram lodged the F.I.R., Exh. 1, at police station, Chaksu, whereupon Crime No. 110/86 under Sections 279, 304-A, Indian Penal Code, was registered. However, after investigation a final report was submitted by the police. On 10.9.1985 the appellants filed a claim petition before the Tribunal for compensation amounting to Rs. 6,01,000/-. Respondent Nos. 1 and 2 despite service preferred to remain absent. They also did not file any reply. The United India Insurance Co. Ltd., respondent No. 3, contested the claim. The learned Tribunal framed necessary issues. The appellant examined Naini Devi, AW 1; Kajod, AW 2; Ramu, AW 3; Rajendra, AW 4 and Rambabu, AW 5 and filed F.I.R. Exh. 1, post-mortem report and salary certificate, Exh. 2, of the deceased. In rebuttal Pratap Kumar Bhatia, Surveyor, NAW 1, was examined. The learned Tribunal after discussing the evidence held that at the time of accident respondent Kailash Chandra, who was in the employment of respondent bank, was driving jeep No. RJX 2248 carelessly, negligently and with high speed causing the accident, wherein deceased Mangilal sustained fatal injuries and died. It further held that the deceased did not fall within the meaning of 'owner' of the said vehicle and that the insurer respondent was liable to pay the compensation. The learned Tribunal further held that on the date of accident age of Mangilal was about 40 years, that he was an Inspector, Co-operative Societies and that as per his last pay certificate, Exh. 2, his salary was Rs. 1,455/- per month, that the appellants were dependent on him and that by his death their annual dependency loss was Rs. 10,000/-. The Tribunal adopting a multiplier of 18 awarded Rs. 1,80,000/- as compensation for loss of income to the family, Rs. 5,000/- as compensation for loss of consortium to widow, appellant Naini Devi and Rs. 2,000/- each to the remaining nine appellants for loss of love, affection and society of the deceased. The appellants have filed this appeal for the enhancement of the award amount.

(3.) I have heard the learned Counsel for the parties at length and carefully perused the record of the Claims Tribunal.