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Judgment
The Facts
Sri Hanuman Prasad Bharti (The Deceased ) was going on Motor Cycle on 16.09.1976 at about 13.30 hours. While he was driving the Motor Cycle he was hit by UTE 7513 (the Bus) belonging to UP State Road Transport Corporation (The Corporation).
In the accident the Deceased received fatal injuries and died. The widow as well as sons of the Deceased (the claimant) filed Claim Petition No. 12/70 of 1977. It was partly allowed by the Addl. District and Sessions Judge/Motor Accident Claims Judge, Banda ( The Tribunal ) on 11.03.1982. The Tribunal has recorded the following findings:
� The monthly salary of the deceased was Rs. 1550/- per month; the family dependency on the basis of the salary of the Deceased was Rs. 79250/-;
� The Deceased was also negligent in the accident and contributed 25% towards negligence;
� The claimants are entitled compensation of Rs. 59,438/- out of this they have received Rs. 30,947/-
On the basis of the aforesaid finding the claim was decreed for Rs. 22,800 as part of the amount was already received and 20% was deducted for lump sum payment. The following order was passed.
The claims for Rs. 22,800/- is decreed against both the opposite parties, who will be individually and severally liable to pay to the claimant in equal share. The amount of compensation be paid within 60 days of this judgment will not carry any interest otherwise the opposite parties will be liable to pay interest on the amount of consortium from the date of petition i.e., 26.4.1977.
Three appeals were filed against the same.
(i) F.A.F.O. No. 489 of 1982 was filed by the Corporation.
(ii) F.A.F.O. No. 373 of 1982 filed by Amrit Lal (the Driver) of the Bus.
(iii) F.A.F.O. No. 602 of 1982 has been filed by the Claimants.
Appeal No. 373 of 1982 was dismissed on 16.10.2008 for want of prosecution as Counsel in this appeal stated that he had no instructions. Now only two appeals filed namely by the Corporation as well as the claimants are to be decided.
The Decision
The Tribunal in his order dated 11.03.1982 has mentioned that the Corporation and the driver of the Bus, who will be individually and severally liable to pay to the claimants in equal share. However the Corporation was employer of the Driver and its liability is vicarious. The Counsel for the claimants also states that the claimants would enforce award against the Corporation only. In view of this dismissal of the appeal filed by the Driver does not bar us from deciding the appeals on merit.
The Tribunal below in his order has recorded the finding on average monthly salary of the Deceased was Rs. 1550/- per month, and the age of the deceased was 52 years. These findings are not challenged and are upheld.
In view of above the multiplier 11 should have been applied. In case 1/3 is deducted personal expenses and 2/3 is taken as families dependency then total compensation on this account would be 1550 X 11 X 12 X 2/3 = Rs. 1,36,400. Apart from this, the claimants are entitled to Rs. 2500/- for loss of estate; Rs. 2000/- for funeral expenses and Rs. 5000/- for loss of consortium to the widow. Thus total compensation would be Rs. 1,36,400 + 2500 + 2000 + 5000 = Rs. 1,45,900/-.
The Tribunal below has held that the driver as well as the Deceased were negligent. The Tribunal recorded 75% negligence of the driver and 25% of the owner. Nothing has been pointed out to show that this is incorrect. In view of this the Claimants were entitled to Rs. 1,45,900 X 3/4 = Rs. 1,109425/-.
The Tribunal has recorded a findings that the Claimants had received Rs. 30,947 and Rs. 22,800 was awarded by the Tribunal. Thus the claimants are further entitled to 109425 - 30,947 - 22,800 = Rs. 55,678/- They are also entitled to 6% interest per annum from the date of filing the claim petition.
Conclusion
In view of the above the F.A.F.O. No. 489 of 1982 filed by the Corporation is dismissed and F.A.F.O. No. 602 of 1982 filed by the Claimant is partially allowed. The claimants are further entitled to Rs. 55,678 over and above the amount awarded by the Tribunal along with 6% from the date of filing the petition namely 26.4.1977.