Rajshree Sharma and Others vs Dayaram Kushwaha and Others

S. Samvatsar, J.—This appeal is filed by the claimants challenging the award dated 31.10.2000 passed by Second Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 11 of 1998 whereby the Claims Tribunal has awarded a sum of Rs. 2,00,000 as compensation for the death of Rajesh Sharma, husband of appellant No. 1, father of appellant No. 2 and son of appellant No. 3.

Brief facts of the case are that the deceased Rajesh Sharma was employed as driver in Gwalior Municipal Corporation. On 12.3.1998 at about 10.30 in the night, when he was standing with his scooter in front of his house and was talking to Kishan Kushwaha, truck No. MPW 5467 which was driven rashly and negligently by Dayaram Kushwaha, respondent No. 1, dashed against him. Said truck was owned by Prakash Singh, respondent No. 2 and was insured with respondent No. 3 insurance company. Due to injuries sustained by Rajesh Sharma, he died and the present claimants who are his class I heirs have filed a claim petition claiming compensation. The Claims Tribunal assessed the compensation at Rs. 2,00,000, hence, this appeal.

Claims Tribunal has found that the incident has taken place due to rash and negligent driving of the driver of the truck and this finding is not under challenge by any of the parties.

Only question involved in the present appeal is about the quantum of compensation.

Mr. Arun Sharma, learned Counsel for the appellants-claimants submitted that the award is on the lower side while Mr. Jitendra Dixit, learned Counsel appearing for respondent No. 3 insurance company has supported the award and submitted that the award is just and proper.

From evidence on record, the Claims Tribunal has found that the deceased was a driver employed in Gwalior Municipal Corporation. Salary certificate, Exh. P14, which was produced by claimants shows that he was earning Rs. 4,501 towards salary. Claims Tribunal disbelieved the said salary certificate only on the ground that father''s name of the deceased is not mentioned in the salary certificate.

Claimants during the pendency of this appeal, have filed fresh salary certificate wherein name of the father of the ueceased is mentioned along with an application under Order 41, Rule 27, Code of Civil Procedure, which is marked as I.A. No. 6330 of 2007. This salary certificate shows that deceased was earning Rs. 4,411 per month. This amount also includes the city compensatory allowance, house rent allowance and medical allowance. If we deduct these allowances, then the monthly salary of the deceased would come to Rs. 4,140 and his yearly income would come to Rs. 49,680. After deducting 73rd towards personal expenses, dependency will come to Rs. 33,120. The deceased was 26 years of age, hence the multiplier of 18 will be applicable and on applying the multiplier, the compensation would come to Rs. 5,96,160. Apart from this amount, the claimants would also be entitled for a sum of Rs. 28,840 towards damages under various heads such as loss to estate, loss of consortium, funeral expenses. Thus, we deem it fit to award a sum of Rs. 6,25,000 (rupees six lakh twenty-five thousand) to the claimants towards compensation.

Hence, we enhance the compensation from Rs. 2,00,000 to Rs. 6,25,000. The enhanced amount shall carry interest at the rate of 6 per cent per annum from the date of filing of this appeal till realisation. Appeal succeeds and is allowed to the extent indicated above.