Proper assessment of deceased's income and dependency is crucial in determining compensation in motor accident claims. Liability for accidents may be shared jointly and severally by Insurance Companies, owners, and drivers.

Bhawani Singh, C.J.

1. This appeal is directed against the award dated 1-8-1997 of the Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 1 of 1997.

2. Claimants are widow and two minor daughters of deceased. They submit that accident took place on 16th April 1996 when deceased was going from Bilaspur to Kota in Matador No. M.P. 23-D/3985 with Nirma Powder. Allegation is that this vehicle collided with another vehicle No. M.P. 26-D/2624 resulting in the accident. The deceased was 29 year old at the time of accident. He was working as Porter with Nirma Washing Powder Company, earning Rs. 150-200 per day. The family was dependent on him and, therefore, the claim case has been filed by claimants for grant of compensation for the death of the deceased. Defence taken is that the driver was not in possession of valid driving licence at the time of accident, therefore, he committed breach of policy conditions. Hence, the Insurance Company is not liable to pay the compensation. It is also stated that other vehicle was responsible for the accident in question.

3. The Tribunal came to the conclusion that both the vehicles were equally responsible for the accident resulting in death of deceased who was 30 year old at the time of accident, earning Rs. 900/- per month. The claimants are entitled to receive compensation and hence, it awarded a sum of Rs. 1,21,200/- carrying interest at the rate of 12% per annum from the date of application till realisation. Claimants are not satisfied with the award, hence this appeal for enhancement.

4. Shri Sanjay Kumar Agarwal, learned counsel for claimants submits that award is liable to be set aside since it does not take into consideration the income of the deceased nor proper multiplier has been used by Tribunal. S/Shri Ruprah, Sanjay Agarwal and Shri Rajeev Shrivastava, learned counsel appearing for respondents vehemently opposed these contentions and they submit that the award is just and reasonable and hence no interference is called for. They have also submitted that the claimants have not adduced satisfactory evidence with respect to income and hence proper assessment can not be made.

5. After considering the respective submissions of learned counsel for parties, we are of the opinion that income of the deceased has not been properly assessed by the Tribunal, Smt. Kumari Bai (widow) states that deceased was earning Rs. 150-200/- per day. Netram Yadav, driver states that deceased was earning Rs. 200/- per day. It has not been stated by these witnesses how much deceased was spending on the family and how much towards his personal expenses. Therefore, it is not possible to accept the statement to the extent they have stated. However, fact remains that the deceased was a Porter with a reputed Company and was carrying supplies in the truck going from Bilaspur to Kota. In any case, his wages could not be less than Rs. 1500/- per month, out of which he must be spending Rs. 500/- upon himself leaving the rest for the family. Dependency therefore comes to Rs. 1000/- per month and Rs. 12,000/- per year. At the time of accident, deceased was 30 year old. Proper multiplier in this case should be 18 instead of 16, as applied by Tribunal. Accordingly the claimants are entitled to compensation of Rs. 2,16,000/- (Rs. 1000.00 x 12 x 18). The deceased was husband of Smt. Kumari Bai, therefore, a sum of Rs. 5000.00 is awarded towards consortium and Rs. 2000/- towards funeral expenses - taking total compensation to Rs. 2,23,000/- (Rupees two lacs twenty three thousand). This amount will carry interest at the rate of 12% per annum from the date of application till the date of realisation.

6. Evidence suggests that both the vehicles are responsible for the accident as found by Tribunal also, therefore, the liability arising out of the accident would be shared by the Insurance Companies, owners and drivers jointly and severally.

7. Accordingly, the appeal is allowed. Award of the Tribunal is modified to the e