GUJARAT STATE ROAD TRANSPORT Vs. KANTI NAGAR

JUDGEMENT

(1.) THIS appeal and the cross -objections are directed against the award dated January 5, 1985 of the Motor Accidents Claims Tribunal, Banswara, awarding a sum of Rs. 1,50,000/ - as compensation to the claimants.

(2.) THE accident, out of which the present case arises, took place on June 13, 1981, on Banswara -Udaipur Road in between the villages Barlia and Mordi, resulting in the death of Niranjan Kumar Nagar, who was 25 years of age at the time of the accident. A claim petition was filed by Kanti Nagar and Usha Nagar, mother and wife respectively of the deceased. It was alleged that the accident was caused by the rash and negligent driving by Poonjalal, driver of the bus No. GRT 7583 of the Gujarat State Road Transport Corporation. According to the claimants, Niranjan Kumar Nagar, who was a tempo driver, was carrying two passengers, namely, Kishore Singh and Madan Singh in his tempo and was going from Banswara to Chirawala. The tempo developed some trouble and, therefore, he stopped it on the left side of the road and was attempting repairs when the bus No. GRT 7583 came from the opposite side and caused the accident. The bus, according to the claimants, was coming at a fast speed. The bus hit the deceased, as a result of which he died at the spot itself. The bus could stop after covering a distance of 300 yards. It was alleged that the accident took place on account of the rash and negligent driving of the bus. A sum of Rs. 6,00,000/ - was claimed as compensation.

(3.) THE Tribunal, by the award dated January 5, 1985, allowed a sum of Rs. 1,50,000/ - as compensation to the claimants. The Tribunal found that the deceased was 25 years of age on the date of the accident. The accident was the result of rash and negligent driving of Poonjalal, driver of the bus, which belonged to the Gujarat State Road Transport Corporation. The Tribunal also found that the deceased was earning Rs. 800/ - per month, out of which he was contributing a sum of Rs. 400/ - per month towards the family. The Tribunal, on these facts, arrived at a figure of Rs. 2,16,000/ -, and added to it a sum of Rs. 20,000/ -, on account of the expected increase in future in the income of the deceased and a further sum of Rs. 20,000/ -, on account of mental shock caused to the claimants, who were deprived of the company of the deceased. The Tribunal held that the claimants were entitled to a sum of Rs. 2,56,000/ -, but then said that it would be just and proper to award Rs. 1,50,000/ -, as compensation to them. The Tribunal allowed interest at the rate of 6 per cent per annum, if payment was made within three months, otherwise the rate of interest was to be 12 per cent per annum.