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2001 Supreme(Raj) 233

Rajasthan High Court
Honble H.R. PANWAR, J.
Major M.V. Thapliyal and Others - Appellant
Versus
Smt. Shyam Bala and Others - Respondents
S.B. Civil Misc. Appeal No. 176 of 1993
Decided On : March 02, 2001

Advocates Appeared:
R.P. Dave and Rakesh Sinha, for Appellants S.K. Mathur, for Respondent No. 3

Headnote:Motor Vehicles Act, 1988, Sec. 163-A – Appeal for enhancement of award – Occurrence of accident due to rash and negligent driving of a truck – Hit behind the luna – One woman succumbed to injury instantaneously and other injured – Tribunal awarded Rs.70,000/- as compensation – Held – Deceased being young lady of 29 yrs. of age having two minor children is entitled to be caluclated loss by applying multiplier of 18 taking notional income as Rs.15,000/- per annum reducing 1/3 as expenses under Secc. 163-A alongwith Rs.15,000/- each to the husband and children for loss of consortium and loss of live and affection with interest @ 12% from the date of filing claim – Enhanced the award to Rs.2,50,000/-. (Paras 13, 15 to 17)

       

Honble PANWAR, J.–This appeal is directed against the Judgment and Award dated 15th Feb. 1993, passed by the learned Motor Accident Claims Tribunal, Jodhpur, (in short ``The Tribunal) in Motor Accident Claims case No. 194/1990 whereby the Tribunal passed an Award of Rs. 70,000/- including interest in favour of the appellant-claimants.

(2). Briefly stated the facts, out of which, this Appeal has arisen, are that a Claim Petition was filed by the appellant- claimants against the respondents, claiming compensation under various heads for a sum of Rs. 15,22,000/-. The case of the appellant claimants, is that on 4.9.1990 at about 1 P.M. while deceased Seema along with her younger sister Kum. Asha were proceeding on Luna Moped No. RNQ 1988, they were on the Ratanada Bazar Road, Jodhpur, at the relevant time, a truck bearing No. UHM 2081 came from behind being driven rashly and negligently by its driver respondent No.1, Virendra Singh, hit the Luna and its riders, resulting thereby that by this accident Smt. Seema aged 29 years succumbed to injuries instataneously and Kum. Asha sustained various injuries. The respondent No.1 is owner of the truck and the said truck at the relevant time was insured with the respondent No.3.

(3). Appellant No.1, who is a Major in Army, is the husband of deceased Seema, appellant No.2 is the minor son aged about 10 months at the relevant time, appellant No.3 is the daughter of the deceased, aged about 6 years and appellant No. 4 is the mother-in-law of the deceased. (for short `the claimants). The case of the claimants as set-up before the Tribunal was that the deceased Seema, was educated at Convent and she was well qualified. She was having Degree of Bachelor of Arts and also passed M.A. (Pre.) and wanted to take further education. Since her husband was on field-duty in Army as commissioned officer in the rank of Major, therefore, she came to Jodhpur to stay with her parents for the short period. Prior to coming to Jodhpur, she was employed as a Teacher at Model School, Shambha in Jammu & Kashmir but she left the job in order to settle at Massoorie, therefore, she applied for the job on 4.7.1990 with South Indian Coffee House, Massoorrie (U.P.). On her application dated 4.7.1990, she was offered the job and appointed as Manager in South Indian Coffee House, Massoorrie with effect from 1.10.1990, on a fixed monthly salary of Rs. 1,500/- and the said appointment was subject to the condition that she was to join duty by October 1, 1990 but her tragic death resulted due to aforesaid accident on 4.9.90, she could not take up the job. It was also the case of the claimants that she was looking after house hold affairs and minor children and as such, she used to render services of house hold. In all, the claim was led for Rs. 15,22,000/- on various heads.

(4). The Tribunal vide Judgment and Award impugned came to the conclusion that the aforesaid accident was the result of rash and negligent driving of Truck by Respondent No.2.

(5). The Tribunal, while deciding the issue of quantum of compensation i.e. Issue No.2, has assessed and awarded a sum of Rs. 70,000/- including consolidated interest in favour of the claimants.

(6). Dis-satisfied and feeling aggrieved by the amount of compensation awarded by the Tribunal, appellant-claimants filed this appeal for enhancement of award.

(7). In para No.10 of the claim petition, the claimants have pleaded the basis for awarding compensation wherein it was specifically pleaded that the deceased Seema was of 29 years of age and she was educated at convent and passed the Degree of Bachelor of Arts in Home Science. Prior to coming to Jodhpur, she was employed as a Teacher in Model School, Shambha (J & K) but subsequently, she left the job and thereafter she applied for job with South Indian Coffee House, Massoorrie, where she was offered a job for a fixed salary of Rs. 1,500/- per month. In support of this, document Ex-1 appointment order, issued by the prospective employer of the














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