Delhi High Court
Agya Kaur And Ors. vs M.C.D. (Now D.T.C.) on 20 January, 1986
Equivalent citations: I (1986) ACC 252, 29 (1986) DLT 187
Author: S Wad
Bench: S Wad
JUDGMENT
S.B. Wad, J.
1. F.A.O. 20 of 1974 is filed by the claimants for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Delhi on 17-9-1973. The Tribunal has awarded Rs. 29,100/- as compensation. The claimants are claiming it to be raised to Rs. 2,00,00/- The D. T. C. on the other hand has filed a cross appeal being No. F.A.O.9 of 1974 challenging the entire award and denying their liability.
2. The accident took place on 13-2-1996 on the road going along the side and in front of the Red Fort. Shri Gurcharan Singh, deceased , was traveling as a pillion passenger on scooter No. DLZ 7215 driven by Shri Surinder Paul Singh. The bus No. DLP 305 belonging to the D.T.C. come from behind from the same direction and hit Gurcharan Singh. According to Dr. Vishnu Kumar, who conducted the postmortem, the death was due to haemorrhage and shock resulting from laceration of lungs, livers and kidneys The deceased had suffered multiple injuries, and as a result of the said injuries, Gurcharan Singh died. The site plan and the inspection reports of the vehicles report the appellants contention that the accident was caused by the said bus belonging to D.T.C. the case of the appellants is supported by two eye (sick) Surinder Paul who was driving the scooter and Ram Charan who was a passenger in the bus which caused the accident. I am taken through their evidence. They are natural witnesses. I fully agree with the Tribunal in relying on their evidence.
3. the respondents have taken a stand that no accident was caused by the bus as such but the scooter driver in a hurry to overtake the bus from the left side hit the bus from that and caused the accident. The driver and the Conductor of the bus are examined. They have tried to support the contention of the respondent fully. I have gone through their evidence also respondent's version is to be accepted it is not likely to result into such serious injuries as are stated by the Doctor. So also the marks left on the two vehicles go contrary to the evidence of the respondents. I am satisfied that the version of the respondents is wrong. The appellants have clearly established their case on the basis of the evidence on record. I have therefore, no hesitation in dismissing F.A.O. No. 9 of 1974 filed by the D.T.C.
4. So far as the compensation amount is concerned the deceased was getting a salary of Rs. 350/- per month as he was working as a Chief Inspector of New Naz Finance (P) Ltd. He was also getting the bonus of Rs. 100/- per month on an average. Considering this income in can reasonably be assumed that he was contributing Rs. 300/- per month towards his family maintenance and welfare. The deceased was only 38 years old at the time of the accident and it can safely be assumed that he would have continued in the said job up to the age of 60 years. Although it has been stated that the family (of the deceased) had longer longevity of life, for the purposed of effective earning. I, restrict it to the age of 60 years. The multiplier of 22 would, therefore, be applied in this case. The claimants are thus entitled to a sum of Rs. 79,200/- towards compensation. They are also entitle to 6 per cent interest from the date of application to the date of realisation. The counsel for the claimants state that a sum of Rs. 29,100/- awarded by the Tribunal was paid to the claimants in April, 1974. the amount of interest will, therefore, have to be worked out suitably. It is clarified that the amount of Rs. 79.200/- would carry 0 per cent simple interest from the date of the application to April, 1974. Thereafter the enhanced amount of compensation would carry the simple interest at the rate of 6 per cent from April, 1974 till the date of the payment. F.A.O. 20 of 1974 is allowed. However, there will be no order as to costs.
5. The D.T.C. is directed to work out the total amount payable to the appellants, as directed above, and a cheque for the amount payable to the appellants be prepared by the D.T.C. and the same deposited with the Registrar of this Court within two months from now. The Registrar will thereafter disburse the amount to the claimants.
