Smt. Mini Mathew Vs. Pyarelal and Others - Court Judgment

Excerpt:
- indian penal code, 1890.sections 307 & 324: [lokeshwar singh panta & b.sudershan reddy,jj] assault proof - appellant allegedly dealt sickle blow to deceased - testimony of eye-witnesses showed that sudden altercation ensued between appellant and deceased - no evidence to indicate any previous enmity between parties - single blow of sickle had been inflicted by appellant on back of deceased - incised wound allegedly inflicted by appellant - however opinion of doctor proved that deceased had not died due to direct result of said injury held, appellant is therefore liable to be convicted under section 324 of i.p.c., sentence of 3 years imprisonment reduced to period undergone by appellant considering mental agony suffered by himorderbhawani singh, c.j. 1. this appeal is directed against the award of motor accident claims tribunal, bhopal, in claim case no. 46/1991, dated 11-1-1994.2. the appellant-claimant smt. mini mathew is widow of late mathew k. george, who died in the motor accident, that took place on may 27, 1991, at bhopal. truck no. p.b. 09/0100 owned by satbir singh, driven by pyarelal and insured with the national insurance company ltd., hit the scooter of the deceased - mathew k. george on may 27, 1991, at 3 p.m., when the deceased was going to the town on his scooter. the accident was result of rash and negligent driving by the truck driver, who hit the deceased from behind. due to the injuries sustained in the said accident, the deceased died on the same day. he was 26 years old and was employed in deep departmental store earning rs. 1500/- per month, apart from rs. 300/- per month by repairing television sets. the claimants are parents and wife of the deceased.3. the respondent nos. 1 and 2 did not appear despite service so proceeded ex-parte, while the insurance company has disputed the claim.4. the learned claims tribunal has accepted the claim set up by the claimants and awarded compensation of rs. 1,40,000/- payable by the insurance company with interest at the rate of 12% per annum, apart from rs. 750/- towards counsel's fee.5. adequacy of compensation has been challenged by the claimant through this appeal. the question for determination is whether just compensation has been awarded by the learned claims tribunal in this case.6. smt. a. ruprah, learned counsel for the insurance company, contends that the learned claims tribunal has awarded adequate compensation to the claimants in this case, therefore, interference by this court is not called for.7. looking to the nature of evidence in this case, it would be appropriate to assess the compensation on the basis of monthly income of rs. 1500/-, since there is no definite evidence with respect to income of the deceased by repair of television sets. therefore, the annual income of the deceased would be rs. 18,000/-. after deducting 1/3rd towards personal expenditure, yearly dependency would come to rs. 12,000/-. at the time of death, the deceased was 26 years old and appropriate multiplier in this caseshould be 18. therefore, compensation of rs. 12,000 x 18 = rs. 2,16,000/-becomes payable to the claimants, apart from rs. 10,000/- for loss of expectancy of life, rs. 2000/- for funeral expenses, rs. 2500/- for loss to the estate and rs. 5,000/- for loss of consortium. thus, the total amount of compensation is rs. 2,35,500/- payable with interest at the rate allowed by the claims tribunal.8. consequently, the appeal is allowed. the parties shall bear their own costs.9. misc. appeal allowed.

Judgment:
ORDER

Bhawani Singh, C.J.

1. This appeal is directed against the award of Motor Accident Claims Tribunal, Bhopal, in Claim Case No. 46/1991, dated 11-1-1994.

2. The appellant-claimant Smt. Mini Mathew is widow of late Mathew K. George, who died in the motor accident, that took place on May 27, 1991, at Bhopal. Truck No. P.B. 09/0100 owned by Satbir Singh, driven by Pyarelal and insured with the National Insurance Company Ltd., hit the scooter of the deceased - Mathew K. George on May 27, 1991, at 3 p.m., when the deceased was going to the town on his scooter. The accident was result of rash and negligent driving by the truck driver, who hit the deceased from behind. Due to the injuries sustained in the said accident, the deceased died on the same day. He was 26 years old and was employed in Deep Departmental Store earning Rs. 1500/- per month, apart from Rs. 300/- per month by repairing television sets. The claimants are parents and wife of the deceased.

3. The respondent Nos. 1 and 2 did not appear despite service so proceeded ex-parte, while the Insurance Company has disputed the claim.

4. The learned Claims Tribunal has accepted the claim set up by the claimants and awarded compensation of Rs. 1,40,000/- payable by the Insurance Company with interest at the rate of 12% per annum, apart from Rs. 750/- towards counsel's fee.

5. Adequacy of compensation has been challenged by the claimant through this appeal. The question for determination is whether just compensation has been awarded by the learned Claims Tribunal in this case.

6. Smt. A. Ruprah, learned counsel for the Insurance Company, contends that the learned Claims Tribunal has awarded adequate compensation to the claimants in this case, therefore, interference by this Court is not called for.

7. Looking to the nature of evidence in this case, it would be appropriate to assess the compensation on the basis of monthly income of Rs. 1500/-, since there is no definite evidence with respect to income of the deceased by repair of television sets. Therefore, the annual income of the deceased would be Rs. 18,000/-. After deducting 1/3rd towards personal expenditure, yearly dependency would come to Rs. 12,000/-. At the time of death, the deceased was 26 years old and appropriate multiplier in this caseshould be 18. Therefore, compensation of Rs. 12,000 x 18 = Rs. 2,16,000/-becomes payable to the claimants, apart from Rs. 10,000/- for loss of expectancy of life, Rs. 2000/- for funeral expenses, Rs. 2500/- for loss to the estate and Rs. 5,000/- for loss of consortium. Thus, the total amount of compensation is Rs. 2,35,500/- payable with interest at the rate allowed by the Claims Tribunal.

8. Consequently, the appeal is allowed. The parties shall bear their own costs.

9. Misc. Appeal allowed.