SHANTI DEVI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) BOTH these appeals are disposed of by one single order as they arise out of the same judgment given by learned Motor Accidents Claims Tribunal, Jaipur, dated July 28, 1986.

(2.) I have heard Mr. K.K Sharma for the claimants -appellants, Mr. S.C. Srivastava for the New India Assurance Co. Ltd. and Mr. G.C. Mathur for Rajendra Singh, owner of the truck in question. In an accident dated October 17, 1981, Sarvan Kumar and Arti died. Shanti Devi widow of Sarvan Kumar, Arvind Kumar son of Sarvan Kumar and Archana daughter of Sarvan Kumar, filed the claim petition. The claim petition was also filed by the above claimants for the death of Arti in the above accident. Both the claim petitions were consolidated and the claimants have been allowed the amount of Rs. 3,80,000/ -by way of compensation for the death of Sarvan Kumar and Rs. 20,000/ - for the death of Arti along with the interest at the rate of 12 per cent per annum from April 9,1982, the date of filing the claim petition. The liability of the insurance company has been fixed at Rs. 50,000/ - according to law prevailing at the time of the alleged accident. The M.A. No. 12 of 1987 has been filed by the claimants for enhancing the amount of compensation in respect of the death of Arti. M.A. No. 62 of 1987 has been filed by Rajendra Singh, the owner of the truck, to reduce the compensation of Rs. 3,80,000/ - allowed on account of the death of Sarvan Kumar.

(3.) I have considered the arguments advanced by learned counsel for the parties in this regard. In my view Rs. 10,000/ - has been rightly awarded for the loss of love and affection and calls for no interference. So far as Rs. 5,000/ - awarded in respect of the mental agony, such amount could not have been awarded separately, but no interference can be made as no appeal or cross -objection has been filed on behalf of the respondents challenging the award of the above amount to the claimants. Now so far as the award of Rs. 5,000/ - on account of future loss of income is concerned, in my view it is on a very low side, Arti was aged about 14 years and a student of 9th class. Taking in view the entire facts and circumstances of the case I deem it proper to allow the amount of Rs. 30,000/ -under this head which relates to the income and financial help to be made in future by Arti to the claimants. Thus, M.A. No. 12 of 1987 is allowed in part and the compensation of Rs. 20,000/ - allowed on account of the death of Arti is increased to Rs. 45,000/ -. The claimants would be entitled to an interest of 12 per cent per annum on the aforesaid amount from the date of filing the claim petition till payment. However, it is made clear that the amount already paid by the insurance company to the claimants shall be adjusted in the aforesaid amount. The insurance company is permitted to hand over the draft of the amount of compensation to Mr. K.K. Sharma, learned counsel for the claimants -appellants, in the presence of the Additional Registrar of this court within two months. The draft would be payable as account payee in the name of Shanti Devi widow of Sarvan Kumar.