Bhikamchand vs Jagdish @ Manoj and Others

S.L. Kochar, J.—This appeal has been filed by the appellant against the award dated 27.8.1997 passed by the Additional Motor Accident Claims Tribunal, Barwaha, District West Nimar Khargone in Claim Case No. 28/1995.

In brief, the case of the appellant before the Motor Accident Claims Tribunal was that at 8.00 p.m. the deceased Sagarbai, mother of the appellant was going to the house of her relatives situated in Barwaha. The respondent No. 1 Jagdish came while driving the truck bearing Registration No. MP-09-K/7071 rashly and negligently from Railway Station side and hit the deceased Sagarbai resulting into her instantaneous death on the spot. The matter was reported to the police and the police had filed the charge-sheet against the respondents No. 1 Jagdish u/s 304A of the Indian Penal Code.

The appellant-claimant had filed the claim petition for a total amount of Rs. 20,00,000/-. The respondent Nos. 1 and 2 were proceeded ex-parte by the Claims Tribunal. The Insurance Company has denied the claim of the appellant and according to them, the accident had occurred because of the negligence of the deceased herself. She was 75 years'' of age and was not able to perform any agricultural work.

The learned Trial Court after examining the witnesses of the appellant, held that the appellant is entitled for Rs. 50,000/- as ''no fault liability'' and Rs. 5,000/- for performance of last rituals. The Claims Tribunal has held that the deceased was aged about 70-72 years and the appellant/claimant P.W. 1 has nowhere stated in his statement that he or his family was depending upon any kind of earning of Sagarbai.

Having heard learned Counsel for the appellant and the learned Counsel for the respondent No. 3-Insurance Company, this Court is of the view that looking to the age of the deceased i.e. 70-72 years, she was not maintaining herself as well as the appellant. The appellant being a son is entitled to Rs. 50,000/- as no fault liability and funeral expenses of Rs. 5,000/- as awarded by the claims Tribunal. The contention of the learned Counsel for the appellant is that for the death of mother under the head of Loss of Love and Affection, or mental pain and agony, no amount has been awarded by the Claims Tribunal. In this regard, the contention of the learned Counsel for the Insurance Company is that no such statement has been given by the claimant P.W. 1. Therefore, he is not entitled for any amount under this head.

After considering the rival contentions this Court is of the opinion that even if no statement was given by the appellant-claimant, the claim under the head ''Loss of Love and Affection'' and mental pain and agony, the appellant is entitled for receiving the amount under this head because he is the son of the deceased and in the natural course, he must have suffered pain and agony because of the death of his mother and also is deprived of love and affection in future irrespective of his age or the age of his mother. Therefore, it would be just and proper to allow this appeal upto this extent. Accordingly, under the head ''Loss of Love and Affection and pain and agony'' suffered by the appellant because of the death of his mother, additional amount of Rs. 5,000/- is also awarded to the appellant.

Consequently, the appeal is allowed in part in terms indicated above. The respondent No. 3 is directed to deposit Rs. 5,000/- within two months, failure to which, the appellant shall get interest @ Rs. 9% per cent per annum from the date of the claim application before the Tribunal. There shall, however, be no orders as to costs.