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High Court Of Madhya Pradesh
BHAWANI SINGH, S. L. JAIN
BHANUMAL WADHWANI - Appellant
Versus
RAJENDRA SINGH - Respondents
M. A. 18 Of 1994
Decided On : 02/27/2003
(2) Motor Vehicles Act, 1988 -- Ss. 168 and 171 -- deceased a graduate housewife leaving two sons besides in-laws -- income presumed to be Rs.15,000/- p.a. under II Schedule -- total compensation awarded Rs.1,91,500/- with 9% interest. [Paras 12 & 13]
(3) Motor Vehicles Act, 1988 -- S. 168 -- injured claimant aged 6 years -- apart from fractures, sustained injuries leaving scars -- entitled to Rs.1,00,000/- on all counts. [Paras 14 & 15]
(4) Motor Vehicles Act, 1988 -- Ss. 168 and 171 -- deceased 45 years of age -dependency Rs.13,164/- p.a. -- total compensation of Rs.2,08,960/- awarded with interest -- multiplier of 15 adopted. [Paras 16 & 17]
¼1½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 168 rFkk 171 && e`rd dh vk;q 28 o"kZ && dqVqac esa :- 36]000@& izfro"kZ dk va‘knku && xq.kd 18 dk gksxk && dqy izfrdj :- 6]59]500@&] vkosnu ds fnukad ls lank; rd C;kt lfgr vf/kfu.khZrA ¼iSjk 10 ,oa 11½ ¼2½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 168 rFkk 171 && e`rd Lukrd x`fg.kh ftlds llqjkyi{k ds vfrfjDr nks iq= thfor && f}rh; vuqlwph ds v/khu vk; dh mi/kkj.kk :- 15]000@& izfro"kZ && dqy izfrdj :- 1]91]500@&]
¼iSjk 12 ,oa 13½
¼3½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 168 && {kfrxzLr nkosnkj dh vk;q 6 o"kZ && vfLFkHkaxkksa ds vfrfjDr {krfpUg NksM+us okyh {kfr;k¡ && lHkh enksa ds fy, :- 1]00]000@& dk gdnkjA
¼iSjk 14 ,oa 15½
¼4½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 168 rFkk 171 && e`rd dh vk;q 45 o"kZ && vkfJrrk :- 13]164@& izfro"kZ && dqy izfrdj :- 2]08]960@& ds lkFk C;kt vf/kfu.khZr && 15 dk xq.kd vaxhd`rA
¼iSjk 16 ,oa 17½
( 1 ) THESE four appeals, M. A. No. 18 of 1994 (Bhanumal wadhwani v. Rajendra Singh); M. A. No. 20 of 1994 (Bhanumal Wadhwani v. Rajendra Singh); M. A. No. 21 of 1994 (Vipin wadhwani v. Rajendra Singh) and M. A. No. 19 of 1994 (Yashwant Kumar Singh v. Rajendra Singh); are proposed to be decided by this order since they arise out of same accident and common award of motor Accidents Claims Tribunal, Sehore, in Claim Case Nos. 40, 43, 42 and 47 of 1989 respectively.
( 2 ) BEFORE proceeding to consider each claim for determination of compensation it is desirable to make mention of facts of the case.
( 3 ) BRIEFLY stated, accident took place on 13. 10. 1989 near village Bhilkhedi, Ashta Sehore Road, when truck No. CIG 7071 driven rashly and negligently by Rajendra singh, owned by Ram Veer Singh, insured with National Insurance Co. Ltd. ; hit a maruti car No. MOK 9417. As a result of this accident Anoop Wadhwani (son), Ekta wadhwani (daughter-in-law) and Kamleshwar Singh (driver of Maruti car) died; and Master Vipin Wadhwani suffered injuries since they were occupants of Maruti car, in addition to Master Himanshu Wadhwani.
( 4 ) THE allegation is that the accident took place due to rash and negligent driving of the truck by its driver otherwise it would not have taken place. Anoop Wadhwani was 28 years old, railway contractor and earning Rs. 10,000 to Rs. 12,000 per month. He was income-tax payee, he was married to Ekta Wadhwani. They had two children, namely, Master Vipin Wadhwani and Master Himanshu Wadhwani. Ekta wadhwani was 26 years old. She was graduate, looking after the family very well. After her death, children are to be looked after by father-in-law, mother-in-law, in addition to engagement of a servant. Master Vipin Wadhwani was 6 years old at the time of accident. He suffered 20 per cent permanent disability in this accident, apart from disfiguration of face.
( 5 ) THE owner and driver did not contest the claim, therefore, proceeded ex pane. Insurance company has disputed all the facts, therefore, seeks dismissal of the claims though it is admitted that both, the truck and the car were insured with it.
( 6 ) FROM perusal of award, it seems that claims Tribunal has held that the accident took place on account of rash and negligent driving of the truck resulting in the death of Anoop Wadhwani, Ekta Wadhwani, Kamleshwar Singh and injuries to master Vipin Wadhwani. Compensation of rs. 25,000 has been awarded to Bhanumal wadhwani and Sushila Wadhwani in the ratio of Rs. 10,000 and Rs. 15,000 respectively, while Rs. 1,35,000 to Master Vipin wadhwani and Rs. 1,55,000 to Master himanshu Wadhwani. Yashwant Kumar singh, son of Kamleshwar Singh (driver)has been awarded Rs. 25,000 by way of no fault liability.
( 7 ) CLAIMANTS are not satisfied with the compensation, therefore, these appeals have been filed for enhancement of compensation.
( 8 ) HEARD Mr. Rajesh Dubey, learned counsel, appearing for claimants and Mr. Rakesh Jain, learned counsel appearing for respondent No. 3. None appeared for other respondents, though served.
( 9 ) THERE is clear evidence to the effect that the accident was caused by the truck driver Rajendra Singh since he was driving it rashly and negligently. Finding of claims Tribunal on this point is based on evidence, therefore, confirmed. (1) Misc. Appeal No. 18 of 1994 (Bhanumal Wadhwani v. Rajendra Singh):
( 10 ) ANOOP Wadhwani was 28 years old at the time of accident. Bhanumal Wadhwani states that Anoop Wadhwani was railway contractor. At the time of accident he had railway contracts worth Rs. 85,00,000. He was earning Rs. 10,000 to Rs. 12,000 per month out of which he was paying rs. 3,000 per month to the family. After his death, he carried on the contracts and he joined the firm of the deceased. There is no evidence rebutting the statement of bhanumal Wadhwani that deceased was paying the family Rs. 3,000 per month. Therefore, it has to be accepted for assessing the compensation in
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