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2003 Supreme(Raj) 1062

RAJASTHAN HIGH COURT AT JODHPUR BENCH
Anil Dev Singh, Rajesh Balia, JJ.
Mohini Devi & Anr. - Appellant
Versus
Rajasthan State Road Transport Corporation - Respondent
D.B. Civil Special Appeal Nos. 56 and 58 of 1998.
Decided On : 19-02-2003

The main legal point established in the judgment is the application of the statutory multiplier table provided in the Second Schedule to the Motor Vehicles Act for computing third party compensation, even for accidents that occurred before the amendment in the Act which came into effect on 14.11.1994.

Headnote:

Motor Accident - Compensation - Motor Vehicles Act, 1988, Second Schedule - The court discussed the application of the statutory multiplier table provided in the Second Schedule to the Motor Vehicles Act, 1988, for computing third party compensation. It referenced case law to support the use of the structured formula table provided by the Second Schedule even for accidents that occurred before the amendment in the Motor Vehicles Act which came into effect on 14.11.1994.

Fact of the Case:

The case involved a fatal accident between a truck and a bus, resulting in the death of the truck's cleaner and injuries to the truck driver. The Motor Accident Claims Tribunal initially awarded compensation, which was modified by the Single Judge of the Court.

Finding of the Court:

The Court found that the Single Judge erred in modifying the compensation awarded by the Motor Accident Claims Tribunal, as the statutory multiplier table provided in the Second Schedule to the Motor Vehicles Act should have been applied for computing the compensation.

Issues: The main issue was the determination of compensation for the deceased's family and the injured truck driver, and the correct application of the statutory multiplier table provided in the Second Schedule to the Motor Vehicles Act.

Ratio Decidendi: The Court held that the structured formula table provided by the Second Schedule of the Motor Vehicles Act should be used for determining compensation, even for accidents that occurred before the amendment in the Act which came into effect on 14.11.1994.

Final Decision: The Court set aside the order of the Single Judge and restored the original award passed by the Motor Accident Claims Tribunal for the deceased's family. It also modified the compensation awarded to the injured truck driver by the Single Judge.

JUDGMENT

1. - This common judgment will dispose of aforesaid civil special appeals No. 56/1998 and 58/1998 and cross-objection filed in D.B. Civil Special Appeal No. 58/1998.

2. The facts giving rise to the appeals are as follows. In the night intervening 3rd and 4th of May, 1998, truck No. RJE 5305 was being driven by Bashir Khan (appellant in D.B. Civil Special Appeal No. 58/1998). The cleaner of the truck was Hanuman Ram. On the fateful night the tuck was proceeding from Jodhpur to Soneli village. It was carrying stone slabs. As it reached near village Soyala, the driver of the truck sighted the offending bus 10 of the Rajasthan State Road Transport Corporation. It is claimed that this bus was coming from the opposite direction and was being driven in rash and negligent manner. Apprehending a possible collision between the vehicles, Bashir Khan took the truck to the left side on the kachcha road. On that side of the road a camel was also standing. Shafi Mohammed who was driving the 15 Roadways bus first hit the camel and, thereafter, collided against the truck. As a result of the accident, Hanuman Ram died on the spot due to the injuries received by him. Bashir Khan was also injured but he survived. Bashir Khan suffered fractures of his right leg as also his clavicle bone. His right leg was shortened by one and a quarter inch. Due to fracture of his clavicle bone the 1 mobility of his hand was to a great extent reduced.

3. The appellant in D.B. Civil Special Appeal No. 56 of 1998 are the parents of deceased Hanuman Ram. They preferred claim petition before the Motor Accident Claims Tribunal, Jodhpur being claim case No. 121/1992. s Similarly, injured Bashir Khan, driver of the truck also filed claim case No. 120/1992 before the Motor Accident Claims Tribunal. The Tribunal awarded Rs. 2,00,000/- as compensation in favour of the appellants in claim case No. 121 of 1992. Similar amount was awarded in favour of injured Bashir Khan in claim case No. 120 of 1992. Aggrieved by the award dated 4.11.1992 the Rajasthan State Road Transport Corporation preferred two separate appeals being No. 103 and 104 of 1993 against the appellants, parents of deceased Hanuman Ram and against injured Bashir Khan, respectively. The learned Single Judge of this Court, by his judgment dated 6.1.1997 allowed the appeals in part and modified the impugned award dated 4.11.1992 passed by the Motor Accident Claims Tribunal, Jodhpur to the extent that in claim case No. 121/1992 the parents of the deceased Hanuman Ram were held entitled to compensation of Rs.1,44,600/-, thus reducing the award money by a sum of Rs.55,400/-. In claim case No. 120/1992, claimant Bashir Khan was held entitled to a sum of Rs.85,000/- only, thus reducing the compensation by a sum of Rs.1,15,000/-. However, the learned Single Judge held the claimants entitled to interest at the rate of 12 per cent per annum from the date of filing of the claim petitions till the date of realisation of compensation amount. Thus the rate of interest awarded by the Claims Tribunal was not varied and was maintained by the learned Single Judge.

4. The parents of the deceased Hanuman Ram and injured Bashir Khan, feeling aggrieved by the impugned judgment of the learned Single Judge, have preferred the aforesaid appeals. In D.B. Civil Special Appeal No. 58 of 1998, preferred by injured-claimant Bashir Khan, the Road Transport Corporation has filed cross-objections.

5. We have heard learned counsel for the parties.

6. We will first take up the appeal filed by the parents of the deceased Hanuman Ram. The basic facts are not in dispute. Hanuman Ram was 22 years old when he lost his life due to the accident. He was earning a sum of Rs.700/- per month + Rs.10/- as daily allowance. The learned Claims Tribunal awarded a sum of Rs.2,00,000/- to the claimants whereas the learned Single Judge assessed the compensation at Rs.1,44,600/-, reducing the same by Rs.55,400/-. In reducing the amount, the learned Single Judge t












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