[2010(2) ADJ 783 (DB)]
ALLAHABAD HIGH COURT
BEFORE : P.C. VERMA AND R.A. SINGH, JJ.
UNION OF INDIA AND OTHERS ....Petitioners
Versus
ASHOK KUMAR AND ANOTHER ....Opposite Parties
(First Appeal From Order No. 166, 167, 168, 169 of 2009,
decided on 28th January, 2010)
(B) Motor Vehicles Act, 1988—Sections 166, 140 and 163-A—Award of compensation—Truck of Air Force, driving rashly and negligently, collided with Jeep causing death of deceased persons—act of driver of offending truck belonging to appellant, cannot be said to be a sovereign function, and same cannot be exempted from purview of Civil Courts, or Tribunal—In absence of any provisions in Act of 1988, appellant cannot be absolved from its responsibility to make payment of compensation under Act—Act of transportation of ration for armed forces, cannot be said to be sovereign function—No benefit in this regard can be given to appellant with regard to accident in question, and appeals of State cannot be allowed. [Paras 31 to 37]
(C) Motor Vehicles Act, 1988—Sections 166 and 163-A, Second Schedule—Award of compensation—Adoption of multiplier—Death of deceased persons in accident caused by Air Force Truck with jeep of deceased persons—Tribunal has applied multiplier according to second schedule of Section 163-A—And deducted 1/3rd amount towards expenses of deceased during lifetime if he would have been alived, and then Tribunal calculated compensation accepting notional income of deceased persons—Thus, Tribunal has not committed any error or illegality in applying multiplier according to Second Schedule of Section 163-A and deducting 1/3rd amount, and then calculating compensation, thus, findings of Tribunal do not suffer from any illegality or error—Hence, no merit in appeals. [Paras 38 to 43]
Result; Appeals Dismissed.
Honble R.A. Singh, J.—These first appeals have arisen out of judgements and awards dated 29.3.2008 passed by Shri V.K. Mishra, learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Muzaffarnagar, (hereinafter ‘tribunal’) in M.A.C.P. No. 265 of 1998, M.A.C.P. Nos. 116 & 117 of 1999, M.A.C.P. No. 287 of 1998, M.A.C.P. No. 421 of 1998, M.A.C.P. No. 422 of 1998, M.A.C.P. No. 423 of 1998, M.A.C.P. No. 475 of 1999 and M.A.C.P. No. 476 of 1999 (hereinafter claim petition respectively.
2. In F.A.F.O. No. 166 of 2009 claimants Ashok Kumar and Master Ashu claiming themselves to be husband and son of deceased Smt. Sunita instituted M.A.C.P. No. 265 of 1998 with prayer to pass an award for a sum of Rs. 10,32,000/- as compensation alongwith interest under Section 163-A of Motor Vehicles Act, 1988 (hereinafter ‘Act’. The learned tribunal assessed Rs. 15,000/- per month as notional income of Smt. Sunita aged about 38 years applying multiplier according to Second Schedule to Section 163-A and deducted one third amount as expenses to be incurred on her during her life time and calculated compensation at Rs. 1,50,000/- and awarded Rs. 1,55,000/- inclusive funeral expenses and loss of property.
3. In F.A.F.O. No. 167 of 2009 claimants Sunil Kumar, Sudhir Kumar and Km. Sudha claiming themselves to be sons and daughter of late Smt. Ramroshni and Om Pal instituted M.A.C.P. Nos. 116 of 1999 and 117 of 1999 under Section 163-A of Motor Vehicles Act for compensation on account of death of Smt. Ramroshni and Om Pal. The learned tribunal dismissed M.A.C.P. No. 117 of 1999 on the ground that the income of the deceased Om Pal was alleged to be Rs. 48,000/- per year while the claim petition could have been moved under Section 163-A of Motor Vehicles Act only in case the income of the deceased was up to Rs. 40,000/-. The learned tribunal allowed M.A.C.P. No. 116 of 1999 and awarded Rs. 1,55,000/- as compensation holding the notional income of deceased Smt. Ramroshni at Rs. 15,000/- per month and looking to 48 years of age of deceased applied multiplier as provided under Second Schedule to Section 163-A of Motor Vehicles Act and awarded the said amount inclusive funeral expenses and loss of property.
4. In F.A.F.O. No. 168 of 2009 claimant Ashok Kumar claiming himself to be father of deceased Km. Neelam aged 18 years instituted M.A.C.P. No. 287 of 1998 for Rs. 13,58,000/- as compensation under Section 163-A of Motor Vehicles Act. The learned tribunal awarded Rs. 1,85,000/- as compensation holding the notional income of deceased to be Rs. 15,000/- per month and deducting one third amount to be incurred on herself during her life time and applied multiplier as provided in Second Schedule to above section.
5. In F.A.F.O. No. 169 of 2009 claimants Chandra Pal Singh and Smt. Jagbiri instituted M.A.C.P. Nos. 421 of 1998, 422 of 1998, 423 of 1998 and claimant Rishi Pal instituted M.A.C.P. Nos. 475 of 1999 and 476 of 1999 for compensation under Section 163-A of the Act on account of death of Vipin, Satyavan @ Yogendra and Smt. Rajesh in accident. M.A.C.P. Nos. 421 of 1998, 422 of 1998 and 423 of 1998 were dismissed by the learned tribunal but M.A.C.P. Nos. 475 of 1999 and 476 of 1999 were allowed and Rs. 1,70,000/- and Rs. 1,05,000/- were awarded as compensation respectively in favour of claimant Rishipal on account of death of Smt. Rajesh aged 35 years and Vipin aged 10 years. The claimant Rishipal claimed himself to be husband of deceased Smt. Rajesh and father of deceased Vipin.
6. All these claim petitions being related to one and same accident and the pleadings of parties being common were decided by same tribunal simultaneously but all these first appeals were instituted by different claimants. Thus all these appeals are being disposed by this common judgment.
7. The brief facts giving rise to these claim petitions are that on 6.4.1998 Smt. Sunita alongwith her daughter and son, Smt. Ram Roshani and her husband Om Pal, Km. Neel
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