Munna Khan and others vs Jalil Ahmad Qureshi

Bhawani Singh, C.J.

This appeal is directed against the award of Motor Accident Claims Tribunal, Indore, passed in Claim Case No. 630/99 dated 27-4-2000.

Accident took place on 15-10-1999 when the Truck No. M.P. 09/ KB-5298 driven rashly and negligently by the respondent No. 1 hit the deceased, who was cleaner of the truck and was guiding it. As a result of this accident the deceased, who was 20 years old, died. The claimants are legal heirs of the deceased. Compensation of Rs. 6,50,000/- is claimed. Defence taken by the respondent is that the accident did not take place in the manner alleged. Therefore, the claim is liable to be dismissed. It is also alleged that the driver did not possess valid driving licence at the time of the accident. Claims Tribunal has found that the accident took place in the manner alleged by the claimants in which deceased died due to injuries suffered by him. Fact that the driver did not possess the valid driving licence has not been proved by the Insurance Company. As a result, compensation of Rs. 1,54,500/- carrying interest at the rate of 12 per cent per annum from the date of presentation of the claim application till payment has been awarded besides Rs. 500/- cost of litigation. The claimant is not satisfied with this award, hence this appeal.

Shri Chawla, learned counsel for the appellants, submits that the Tribunal has not awarded just compensation in this case. Proper multiplier has not been utilised so the income of the deceased has not been assessed properly. To bring home the point the learned counsel for the appellants submits that the deceased was cleaner in the truck, he was receiving Rs. 1000/- by way of allowance and Rs. 2500/- byway of salary, total amount of Rs. 3500/- per month. This fact is supported by salary statement issued by the employer available on the record.

Shri S.S. Swami, learned counsel for the Insurance Company, submits that salary claimed by the claimant is exaggerated. There is no satisfactory documentary proof to support the claim. We are unable to accept this submission. In such like cases it is very difficult to have the kind of proof as submitted by learned counsel for the Insurance Company. The evidence available is that of claimant and the owner of vehicle who pays salary to the deceased. Therefore, such evidence can be taken into consideration for setting the amount which can form the basis of the income of the deceased.

In the circumstances, it would be just and proper to fix monthly salary of the deceased at Rs. 2500/- and annual Rs. 30,000/-. After deducting one-third on himself, annual dependency Rs. 20,000/-. Proper multiplier as per the decision of the Apex Court in General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, is 16 so the amount of compensation comes to Rs. 3,20,000/-. The claimants shall be entitled to Rs. 10,000/- for loss of life expectancy, Rs. 2500/- for loss of the estate and Rs. 2000/- for funeral expenses, taking total to Rs. 3,34,500/-. The amount of compensation shall carry interest at the rate of allowed by the Tribunal.

After adjusting the amount already paid, balance amount be paid within two months from the date of receipt of certified copy of judgment.

Misc. Appeal allowed.