STATE OF RAJASTHAN Vs. MAYA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the Award dated 9.11.92 passed by the Judge, Motor Accident Claims Tribunal, Bikaner, by which the learned Judge of the Tribunal awarded the compensation amounting to Rs. 3,99,000/ - to the claimants along with interest @ 12% per annum with effect from 4.8.90 and if the amount of compensation is not paid within the period of three months then the respondents (non claimants) will be liable to pay interest @ 15% per annum. The1 amount of compensation is to be distributed amongst the various claimants in accordance with the scheme framed by the learned Judge of the Tribunal. The learned Judge of the Tribunal, also, awarded the costs of Rs. 200/ - to the claimants.

(2.) CLAIMANTS , viz. Smt. Maya Devi (widow of deceased Jaipal Singh), Narendra Singh, Rajesh Singh and Jitendra Singh (sons of deceased Jaipal Singh), who are the dependents of the deceased, filed a claim petition before the Motor Accident Claims Tribunal, Bikaner for the award of compensation amounting to Rs.4,98,090/ -. The case of the claimants, as set -out in the claim petition, is that on 6 -2 -90, deceased Jaipal Singh (Assistant Engineer) and Nand Ram (Junior Engineer) were going from village Mahajan to Bikaner on election duty. They were travelling in Jeep No. RRF 2202 which was being driven by its driver Man! Ram. When the jeep covered the distance of about 13 kms. from Loonkaransar towards Bikaner, at about 10.45 p.m. one truck container was found parked onthe left side of the road. The driver of the jeep (Mani Ram) was driving the jeep rashly and negligently who lost the balance and the jeep dashed against the truck container and thrust into the rear portion of the truck container. Jeep driver Mani Ram,, on account of this accident, died at the spot while Jaipal Singh and Nand Ram received injuries. They were brought to P.B.M. Hospital, Bikaner, where Jaipal Singh died on 8.2.90. At the time of death, Jaipal Singh was employed as the Assistant Engineer in Indira Gandhi Nahar Pariyojna and was getting the salary of Rs. 3048/ -, per month and was aged about 48 years. The claimants, therefore, claimed Rs. 3,65,760/ -for the loss of dependency, Rs. 22,330/ - for the loss of bonus for ten years which the deceased was getting at the rate of salary of 22 days in a year, Rs. 30,000/ - towards the loss of promotional benefits for ten years, Rs.50,000/ - on account of physical pain and mental agony and the loss of prestige In the society as claimant No. 1 Smt. Maya Devi became widow, Rs. 10,000/ - on account of loss of consortium to Smt. Maya Devi, Rs. 20,000/ - for the loss of love and affection of their father to claimants No. 2 to 4 and Rs. 10,000/ - for the expenses incurred on post -death social and customary rites.

(3.) THE claimants, in support of their claim, examined PW 1 Smt. Maya Devi the widow of deceased Jaipal Singh and PW 2 Nand Ram, Junior Engineer, Who is an eye witness to the occurrence and was, also, going in the same jeep on election duty. The claimants, also, placed reliance over the F.I.R. (Ex. P.I) the post -mortem report of deceased and the Last Pay Certificate of the deceased. The non -claimants did not produce any evidence in support of their case. The learned Judge of the Tribunal awarded the compensation amounting to Rs. 3,84,000/ -as loss of dependency, Rs. 10,000/ - on account of loss of consortium to the widow and Rs. 5000/ - for the performance of the social and customary rites. It is against this award dated 9.11.92 that the State of Rajasthan and others have filed this appeal.