SUSHILA Vs. SUCCHA SINGH

JUDGEMENT

(1.) ALL these appeals are disposed of by one single judgment as they arise out of the same accident and common judgment given by Motor Accidents Claims Tribunal, Jaipur dated December 30, 1987.

(2.) BRIEFLY stated the facts are that on October 10, 1981, an accident took place between truck No. RSF 327 and a car No. RSM 4513 near village Palu Khurd bus stand on Jaipur -Ajmer National Highway. In the accident Jagdish Narain Pandey, who was driving the car as well as Ram Bharose and Nathu Lal, who were accompanying Jagdish Narain in the car died. The truck was insured by the New India Assurance Co. Ltd. The claimants in respect of Jagdish Narain Pandey filed Claim Petition No. 76 of 1982 and prayed for a compensation of Rs. 8,80,000/ -. In respect of Ram Bharose the claimants filed Claim Petition No. 77 of 1982 and claimed compensation of Rs. 4,15,800/ -. In case of Nathu Lal the claimants filed Claim Petition No. 78 of 1982 and prayed for compensation of Rs. 4,41,000/ -. According to the claimants the accident took place on account of rash and negligent driving of the truck by its driver Succha Singh. The Tribunal in the Claim Petition No. 76 of 1982 found that deceased Jagdish Narain Pandey was doing business in the name of Pandey Murti Museum. According to the returns of income this firm was having the annual income of Rs. 34,740/ -. According to the statement of Lalita Devi, Jagdish Narain used to pay Rs. 2,500/ - p.m. to her. Out of the aforesaid amount she used to spend Rs. 200/ - p.m. on guests and the remaining Rs. 2,300/ - p.m. remained with her for meeting the household expenses. The Tribunal after adjusting one -third of the aforesaid amount being spent by Jagdish Narain on himself calculated Rs. 1,500/ - as loss to the family. Taking the age of the deceased as 41 years, the Tribunal took a multiple of 17 years for calculating the compensation and according to this held the claimants to be entitled for an amount of 1500 X 12 X 17 = Rs. 3,06,000/ -. As regards the loss of consortium an amount of Rs. 5,000/ -and an amount of Rs. 2,000/ - each for loss of love and affection to the claimant Nos. 3 to 7 amounting to Rs. 10,000/ - was also awarded. The Tribunal also awarded Rs. 14,000/ - for the damage of the car in the above accident and thus in all awarded a compensation of Rs. 3,35,000/ -.

(3.) IN Claim Petition No. 78 of 1982, the Tribunal found that deceased Nathu Lal was also employed with Jagdish Narain Pandey at the rate of Rs. 700/ - p.m., and after adjusting one -third for the expenses of Nathu Lal himself, calculated Rs. 470/ - p.m. as loss to the family. The age of Nathu Lal was taken as 30 years and taking the multiple of 28 years an amount of 470 X 12 X 28 = Rs. 1,57,920/ -was awarded by way of compensation. Four children were allowed compensation at the rate of Rs. 2,000/ - each for the loss of love and affection and Rs. 5,000/ - to Chandra Kala w/o Nathu Lal for the loss of consortium. The Tribunal thus in all awarded a sum of Rs. 1,70,920/ - as compensation.