Judgment:
R.K. Verma, J.
1. This is an appeal directed against the award passed by the Motor Accidents Claims Tribunal, Shajapur, dated 14.12.1979 in the Claim Case No. 11 of 1977 by the claimants, widow and two sons of the deceased Chunnilal, who died as a result of injuries sustained in a motor accident on 6.3.1977, having been hit by a motor cycle bearing registration No. CPE 3547 which was being driven by the respondent No. 2, an employee of a partnership firm, respondent No. 1, which was the owner of the motor cycle.
2. The facts giving rise to this appeal, briefly stated, are as follows:
On 6.3.1977, the date of the accident, while the deceased Chunnilal was going on the road he was hit by a motor-cyclist, respondent No. 2, Anandrao, who was approaching the deceased from behind. The respondent No. 2 Anandrao was an employee of respondent No. 1 and was driving the said motor cycle bearing registration No. CPE 3547 belonging to and with the permission of the respondent No. 1. The owner of the motor cycle stood insured with the insurance company, respondent No. 3. As a result of this accident, the deceased sustained serious injuries on his head and body and had to be removed to the hospital. He remained under treatment in Civil Hospital, Shajapur and died on 9.3.1977 as a result of the injuries sustained in the accident.
3. The widow and the two sons of the deceased Chunnilal filed the instant claim petition against the owner, driver and the insurance company before the Motor Accidents Claims Tribunal, Shajapur, alleging that the deceased Chunnilal was 52 years of age and was earning Rs. 500/- per month at the time of the accident which occurred due to rash and negligent driving of the vehicle by respondent No. 2 and claimed a total compensation of Rs. 1,00,000/- with interest in respect of the death of the deceased Chunnilal. The respondents, owner and driver of the motor cycle and the insurance company, resisted the claim.
4. The learned Tribunal, on the basis of the evidence adduced in the case, has held that the accident occurred due to rash and negligent driving of the motor cycle by its driver Anandrao, respondent No. 2 and found that the deceased Chunnilal was 65 years of age and was earning Rs. 200/- at the time of his death by accident. Accordingly, the learned Claims Tribunal made an award of compensation of Rs. 11,140/- with interest at the rate of 6 per cent per annum from the date of filing the claim petition against the respondents holding them jointly and severally liable.
5. Being aggrieved by the inadequacy of compensation awarded by the learned Tribunal, the claimants have filed this appeal.
6. The learned counsel for the appellants-claimants has submitted that the learned Tribunal has wrongly disbelieved the witnesses of the claimants while determining the age and the earning of the deceased at the time of his death by accident. It has been contended on behalf of the appellants that the learned Tribunal should have properly and fairly estimated the age of the deceased as 55 years and his income as Rs. 400/-to Rs. 500/- on the basis of the evidence adduced by the appellants. Accordingly, the appellants have in their appeal prayed for enhancement of the amount of compensation to Rs. 49,000/- with interest at the rate of 9 per cent per annum from the date of the claim petition till realisation.
7. The sons of the deceased, appellant Nos. 2 and 3, were admittedly not dependent on the deceased and it was only the widow of the deceased, appellant No. 1, who was dependent on the income of the deceased. The learned Tribunal has estimated that looking to the age of the deceased the appellant widow but for the accident would have received sustenance from the earning of the deceased for a period of 7 years at the rate of Rs. 100/- per month. Thus, a total amount of dependency of Rs. 8,400/- in respect of the widow has been estimated as her entilement by way of compensation. An amount of Rs. 4,000/- has, however, been awarded for mental agony and loss of company on account of death of the deceased. Thus, a total amount of Rs. 12,400/- has been estimated as compensation out of which a deduction on account of lump sum payment has been made and accordingly an amount of compensation of Rs. 11,140/- has been determined as payable to the widow with interest at the rate of 6 per cent per annum from the date of filing of the claim petition.
8. The learned Tribunal found that the deceased had a licence from the Krishi Upaj Mandi Committee for working as a dalal and earned Rs. 138/- per month as a commission agent in Krishi Upaj Mandi. The learned Tribunal also held that the deceased Chunnilal earned as a sub-agent of the newspaper agent at Shajapur and earned Rs. 110/- to Rs. 125/- per month. However, the learned Tribunal on a conjecture assumed that the deceased might have employed a servant on a salary of Rs. 50/- per month for distribution of papers without there being any evidence in that behalf. There is also evidence of the deceased having some income from agriculture but for want of tangible proof about the precise income from agricultural sources, the learned Tribunal rejected the item of income from agricultural occupation. The evidence on record about the income leads me to think that the deceased might have been earning Rs. 400/-per month and as such, the dependency of his widow, the appellant No. 1, could reasonably be estimated as Rs. 200/- per month. The amount of compensation on account of dependency across a period of seven years during which the deceased would have continued to support the appellant No. 1, as found by the learned Tribunal, would therefore, work out to be Rs. 16,800/-. Adding to it a compensation of Rs. 4,000/-on account of mental agony and loss of company of the husband to the widow, the compensation payable to the appellant No. 1 would amount to Rs. 20,800/-.
9. However, the award of compensation is largely based on guesswork but the consideration of social security in respect of death by accident has induced the Parliament to provide statutorily under Section 92-A of the Motor Vehicles Act, 1939 a minimum compensation of Rs. 15,000/- in respect of the death by a motor vehicle accident even in cases of no fault. The no fault liability has been further raised under Section 140 of the Motor Vehicles Act, 1988 to a sum of Rs. 25,000/- in respect of the death where the driver and owner are not at fault. Such provision is, to my mind, a clear indication that where the death is by accident on account of fault on the part of the driver and owner, the compensation amount ought not to be less than what is provided statutorily as no fault liability. Therefore, in my opinion, it can be assumed as a measure of uniform standard for guidance of courts for estimating compensation for the loss of human life by motor accident occurring on account of fault that such death by accident must entail a compensation of at least Rs. 25,000/-, the statutory amount of no fault liability. Since the compensation is being determined in this court when it is known that Parliament has thought it fit to provide as a measure of social security a compensation of Rs. 25,000/- even on no fault principle, the said amount can be taken as safe and proper guideline for fixing minimum compensation in respect of death on account of fault.
10. In this view of the matter, I deem it fit and proper to enhance the amount of compensation to Rs. 25,000/- instead of the estimate of Rs. 20,800/- arrived at on guesswork as above. The interest payable on the compensation of Rs. 25,000/- shall carry an interest of 12 per cent per annum instead of 6 per cent per annum as awarded by the learned Tribunal.
11. Accordingly, this appeal is partly allowed. The award of the learned Tribunal is modified in as much as the widow of deceased, claimant-appellant No. 1, shall be entitled to get compensation from the respondents amounting to Rs. 25,000/- instead of Rs. 11,140/- as awarded by the learned Tribunal and the said compensation of Rs. 25,000/- shall carry interest at the rate of 12 per cent per annum from the date of filing the claim petition till realisation. It is further directed that out of the total amount of compensation and interest payable by the respondents to the widow an amount of Rs. 10,000/- shall be deposited in a nationalised bank in fixed deposit account for a period of five years so that the widow receives interest income periodically towards her maintenance. In the circumstances of the case, there shall, however, be no order as to costs.