The court established that dependency must be proven for compensation claims, the correct multiplier for age is crucial, and future prospects should be included in compensation calculations under the Motor Vehicles Act.

JUDGMENT :

Rajnish Kumar, J.

1. Heard, Shri Ambika Prasad, learned counsel for the appellant and Shri Yashovardhan Swarup Assisted by Ms. Bhavya Upadhyay, learned counsel for the respondent.

2. This first appeal from order under Section 173 of the Motor Vehicles Act, 1988 (here-in-after referred as the Act of 1988) has been filed for setting aside the judgment and award dated 29.10.2015 passed in Motor Accident Claim Petition No. 150 of 2012; Bhawani Prasad Manjhi and another v. U.P. State Road Transport Corporation, by means of which the claim petition has been partly allowed and an amount of Rs. 35,42,823/- has been awarded alongwith simple interest at the rate of 7% from the date of filing of the claim petition.

3. The claim petition was filed alleging therein that the daughter of the claimant-respondent Dr. Tandra Manjhi was traveling on 18.5.2011 by Bus No. U.P.-30A-8092 of Hardoi Depot of the appellant U.P.S.R.T.C. She was a bona fide passenger of the bus from Anand Vihar Bus Terminal, Delhi to Lucknow. The bus was being driven by its driver Valeel Ahamad at a high speed and in negligent manner. When it reached about 8 km. ahead of Sandila on Kachauna-Sandila road within P.S. Kachauna, District-Hardoi at about 02:30 in the morning, a blue cow (Neelgai) crossed the road and due to high speed and rash and negligent driving, the driver of the bus lost his control over the stearing and the bus fell into a trench, consequently the deceased and other passengers sustained fatal injuries. The deceased was taken to Cummunity Health Centre, Sandila, Hardoi by the Police, where she was declared dead. Her post-mortem was conducted in mortuary Hardoi. The deceased died due to fatal injuries sustained by her in the said accident. A First Information Report was lodged by the conductor of the bus at Police Station Kachauna, District, Hardoi at G.D. No. 15/10.15 on 18.5.2011. Had the deceased not met with the fatal injuries, she would have survived up to age of 80 years. On account of sudden demise of deceased the family structure of the entire family has been shattered and claimants are virtually on dearth and have suffered irreparable loss of love and affection as well as financial help. The deceased was working on the post of Lecturer in Bio-Chemistry, Mental Health Department of Chhatrapati Sahji Maharaj Medical University, Lucknow. The claim petition was filed claiming that the claimant father and mother were dependent on the deceased. During pendency of the claim petition, the claimant No. 2 Smt. Archana Manjhi i.e. mother of the deceased died. Accordingly, the claim petition was amended writing dead against her.

4. The claim petition was contested by the appellant by filing written statement denying the averments made in the claim petition mostly for want of knowledge. In the additional statement in the written statement, it has been admitted that the Bus No. U.P.-30A-8092 (Hardoi Depot) of the appellant corporation was operating on 18.5.2011 on Delhi-Hardoi route to Lucknow. It was further stated that the vehicle was being driven by a competent driver Valeel Ahmad, having a valid driving license and conductor Rajesh Singh Somvanshi. The vehicle was being driven with the required speed and carefully. While the vehicle reached eight kilo meters ahead of Sandila near Dabur Plant at about 02:00 in the night, suddenly a blue cow came running in front of bus, therefore, the driver of the bus turned on the right side of the road to save the animal, on account of which the bus was uncontrolled and fell in a three feet ditch, accordingly the accident had occurred. The bus was also damaged in the accident. The said accident had occurred on account of sudden coming of blue cow in front of bus, therefore, there was no fault of the driver. The information of the accident was given by the conductor to the concerned police station. The compensation has been demanded on the higher side, which is not acceptable. The claim petition has been filed on mi