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1989 Supreme(Del) 30
High Court Of Delhi
CHANDAN - Appellant
Versus
KANWARLAL - Respondent
First Appeal Order 86 of 1975
Decided On : 01/23/1989
D.H.Kaul
The main legal point established is the determination of compensation for a motor vehicle accident, including the consideration of the deceased's income and the joint and several liability of the owner and the driver.
Headnote:
Compensation - Motor Vehicle Accident - The court awarded compensation to the claimants for the death of the deceased in a motor vehicle accident, holding the owner and the driver jointly and severally liable for the accident. The claimants were entitled to Rs. 12,000.00 as compensation and 6 percent interest from March 1970.
Fact of the Case:
The deceased died in a motor vehicle accident caused by a truck. The claimants, including the deceased's mother, father, and widow, sought compensation. The Tribunal awarded Rs. 5,100.00, which the claimants appealed, seeking Rs. 35,000.00.
Finding of the Court:
The court found that the deceased was earning Rs. 150.00 per month and determined the compensation based on the deceased's income. It held the owner and the driver jointly and severally liable for the accident, awarding the claimants Rs. 12,000.00 as compensation and 6 percent interest from March 1970.
Issues: The issues involved the determination of compensation for the deceased's death in a motor vehicle accident, the liability of the owner and the driver, and the entitlement of the claimants to compensation and interest.
Ratio Decidendi: The court considered the deceased's income, the liability of the owner and the driver, and the entitlement of the claimants to compensation and interest in reaching its decision.
Final Decision: The court allowed the appeal and awarded the claimants Rs. 12,000.00 as compensation, along with 6 percent interest from March 1970.
( 1 ) THE accident took place on 20/21. 11. 1967 in which one Sharif died in the accident caused by truck No. DLG 5228. There is no cross-appeal. Therefore, the appeal is limited only to the quantum.
( 2 ) THE deceased was 25 years old at the time of the accident and the claimants are mother, father and the widow. The widow has since been remarried and, therefore, she is not entitled to any compensation. The claimants had claimed Rs. 35,000. 00 as compensation while the Tribunal awarded Rs. 5,100. 00.
( 3 ) THE Tribunal has rightly come to the conclusion that the deceased was earning Rs. 150. 00 per month. The father of the deceased was 60 years old and his mother was 55 years old at the time of the accident. Therefore, the Tribunal was right in taking ten as the multiplier. However, considerir the income of the deceased which was alm the minimum wages at the relevant time, I am not inclined to deduct more than Rs. 50. 00per month on the personal expenses. I, therefore, hold that the family was getting Rs. 100. 00per month from the deceased. The Tribunal was further wrong in making a deduction of Rs. 900. 00 for lump sum payment.
( 4 ) THE Tribunal found that the owner of the truck was issued a cover note No. 4212 for insurance for the period between 27. 3,196 and 26. 3. 1968. The owner had issued a cheque for the premium but the same was dishonoured. In other words, there was no policy covering the owner of the truck at the relevant time. The Tribunal was right in excluding the respondent insurance company from any liability. The liability is, therefore, of the owner and the driver jointly and severally.
( 5 ) THE claimants are thus entitled to Rs, 12,000. 00 as compensation. They would also be entitled to interest at the rate of 6 percent from March, 1970 till the date of payment. The owner and the driver are directed to deposit the amount of compensation and interest, as directed, by a cheque with the Registrar of this court within two months. The Registrar shall disburse the amount, after issuing notices to the claimants.
( 6 ) FOR the reasons stated above the appeal is allowed.
