SHANTI DEVI Vs. RAMESHWAR

JUDGEMENT

(1.) All these three appeals arise out of a common judgment passed in Claim Case Nos. 39 of 2011 and 46 of 2011. Claimants have preferred M.A. Nos. 2 and 3 of 2016 for enhancement of compensation amount, whereas Insurance Company has preferred M.A. No. 117 of 2016 against the contributory liability being fixed to the extent of 60% on the Insurance Company, and also against the direction for pay and recover with respect to the 40% of compensation, the primary liability of which is on the owner of the Scorpio.

(2.) As per the case of the claimants on 26/5/11 at about 7 p.m., Scorpio Bearing registration no. JH-0S-2510 met with an accident involving truck bearing registration no. JH-10E-5463. The accident was allegedly caused due to the rash and negligent driving by the driver of the truck. Pramod Kumar Singh was driving the Scorpio at the relevant time of accident, who succumbed to the fatal injuries sustained in the accident. Shanu Singh, who was also travelling in the Scorpio also died in the said accident.

(3.) Claims Case No. 46 of 2011 has been filed by the dependants of Pramod Kumar Singh, who was at the time of death aged about 29 years and was in a transport business with a monthly income of Rs.7500.00. A total compensation of Rs.13,05,000.00 has been awarded to the claimants taking his annual Income Tax Return of Rs.1,60,000.00 approx. After deduction of the Income Tax amount, his annual income was accepted to be Rs.1,20,000.00 and considering four dependants 1/4th has been deducted as the living expense of the deceased. M.A. No. 3 of 2016 has been preferred for the enhancement of the compensation amount.