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High Court Of Himachal Pradesh
CHET RAM THAKUR
KAILASH WATI - Appellant
Versus
STATE OF HARYANA - Respondent
M. F. A. No. 2 of 1972
Decided On : 09/10/1974
MOTOR VEHICLES ACT - SECTION 110-A - ACCIDENT - COMPENSATION - DEDUCTION - INTEREST - FUTURE INCREMENTS - PROMOTION PROSPECTS - ATTENDANT COST - MEDICAL EXPENSES - ENHANCEMENT OF COMPENSATION - AWARD MODIFICATION: 1. Deduction of 15% from the compensation amount is unjustified if the future increase in income is not taken into account. 2. Interest on the compensation amount should be awarded from the date of the application to the date of payment. 3. Compensation should be enhanced considering the revised pay scale, future increments, promotion prospects, attendant cost, and medical expenses. 4. The court can modify the award of the Claims Tribunal if it finds that the compensation is inadequate or excessive.
Fact of the Case:
Four appeals arose from four claim petitions under Section 110-A of the Motor Vehicles Act, disposed of by the Motor Accident Claims Tribunal. The accident involved a Haryana Roadways bus, resulting in the deaths of two passengers and injuries to two others. The Tribunal awarded compensation to the claimants, including the parents of the deceased and the injured passengers.
Finding of the Court:
1. The accident occurred due to the negligence of the bus driver and the respondents (State of Haryana and General Manager, Haryana Roadways). 2. The Tribunal erred in deducting 15% from the compensation amount without considering the future increase in income. 3. The Tribunal should have awarded interest on the compensation amount from the date of the application. 4. The compensation awarded to the injured passenger, Ravi Datt, was inadequate considering his revised pay scale, future increments, promotion prospects, attendant cost, and medical expenses.
Issues: 1. Whether the deduction of 15% from the compensation amount was justified. 2. Whether interest should be awarded on the compensation amount. 3. Whether the compensation awarded to Ravi Datt was adequate.
Ratio Decidendi: 1. The deduction of 15% from the compensation amount was unjustified because the Tribunal did not consider the future increase in income. 2. Interest should be awarded on the compensation amount from the date of the application to the date of payment. 3. The compensation awarded to Ravi Datt was inadequate considering his revised pay scale, future increments, promotion prospects, attendant cost, and medical expenses.
Final Decision: 1. The deduction of 15% from the compensation amount was set aside. 2. Interest at the rate of 4% per annum was awarded on the compensation amount from the date of the application to the date of payment. 3. The compensation awarded to Ravi Datt was enhanced by Rs. 38,550.
1. These four appeals arise out of four claims petitions under Section 110-A of the Motor Vehicles Act disposed of by the Motor Accident Claims Tribunal, Mahasu and Kinnaur Districts at Kelleston, Simla by a single judgment, dated 31st August, 1971.
2. The undisputed facts of the cases are that on 28th October, 1969 the Haryana Roadways Bus No. HRA-1243 left Chandigarh at about 2-10 P.M. for Kasauli, Shri Anand Kumar, a second year Law student, Shri Ajesh Kashyap, a third year Chemical Engineering Student, Shri Ravi Datta, a Forest Guard and his brother Shri Bishan Datt boarded the bus. When the bus reached near village Jabli, 17 miles towards the West of Police Station, Solan, i.e., at 73 milestone, the front wheel tyre of the right side of the bus burst and the driver who was driving the bus negligently and rashly could not control the bus with the result that it rolled down in the Khud at a distance of about 450 feet from the road. Sarvshri Anand Kumar and Ajesh Kashyap who were 21 and 21½ years of ages, respectively, sustained multiple injuries resulting in their instantaneous death. Shri Ravi Datt also sustained multiple injuries of a serious nature resulting in the fracture of his leg and he remained in the hospital for about three months and in order to save his life, the right leg which had been fractured and in which gangrenous limb had developed had to be amputated and therefore, he was physically rendered incapacitated for service as a result of which he was retired on pension. Shri Bishan Datt also sustained some injuries but not of very serious nature and he remained in the hospital for about three days and then he was discharged.
3. Smt. Kailash Wati, the mother and Shri Kishori Lal, the father of Anand Kumar, filed claim application No. 25-M/2 of 1969 before the Claims Tribunal for compensation of rupees five lacs. Smt. Sarla, the mother and Shri Gian Parkash Kashyap, the father of Ajesh Kashyap also filed claim application No. 26-M/2 of 1969 for a compensation of rupees one lac.
4. Shri Ravi Datt filed his claim petition No. 21-M/2 of 1969 for a compensation of rupees one lac and Shri Bishan Datt filed his claim application No. 27-M/2 of 1969 for a compensation of rupees twenty thousand.
5. The respondents, who were the State of Haryana and the General Manager, Haryana Roadways admitted the factum of accident and the deaths of Anand Kumar and Ajesh Kashyap and the injuries to Ravi Datt and Bishan Datt, but denied their liability.
6. The Claims Tribunal found on examination of evidence that the accident occurred due to sheer negligence of the respondents in fitting unsuitable and unreasonable damaged tyre to the right-fore wheel of the vehicle. The Claims Tribunal, therefore, awarded the following amounts by way of compensation in each of the claim petition to each of the claimants. Application No. Claimants. Claim assessed. Deduction. Net payable. 25-M/2 of 1969. 1) Kailash Wati (Mother) Rs. 12,600.00 1,890.00 10,710.00 2) Kishori Lal (Father) Rs. 10,800.00 1,305.00 9,180.00 26-M/2 of 1969. 1) Sarla Devi (Mother) Rs. 11,700.00 1,755.00 9,945.00 2) Gian Parkash Kashyap (Father) Rs. 8,700.00 1,305.00 7,395.00 27-M/2 of 1969. Bishan Datt Rs. 2,000. 00 - 2,000.00 21-M/2 of 1969. Ravi Datt Rs. 51,850.00 - 51,850.00
7. The claimants were not satisfied with the awards of the compensation and they, therefore, filed these appeals which shall be disposed of by a single judgment.
8. The appellants in M. F. A. No. 2 of 1972 and M. F. A. No. 3 of 1972 challenged the findings only on the question of quantum of compensation. According to the learned counsel for these two appellants, the Claims Tribunal had erred in not taking into consideration the important factors which are necessary for arriving at the pecuniary loss caused to the parents due to the death of their sons. Secondly, the Claims Tribunal had wrongly made the deduction of 15 per cent. without further taking into consideration the future rise in
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