Madhya Pradesh High Court
Suryamukhi Devi vs Shiv Prasad And Ors. on 3 April, 2002
Equivalent citations: 2003ACJ1846
Author: Rajendra Menon
Bench: Rajendra Menon
JUDGMENT Bhawani Singh, C.J.
1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Sidhi, dated 20.4.2000, in M.C.C. No. 78 of 1996.
2. Suryamukhi Devi (47) is mother of deceased Rajesh Das (19). Deceased had gone from Amlori Colony to Nava Nagar, Waidhan, on motor cycle for boarding bus. At Nava Nagar crossing, Manoj Kumar, who was driving the motor cycle, stopped it on the left side of the road. While three occupants of the motor cycle were getting down, truck No. MVA 4077 driven at a high speed rashly and negligently, dashed against the deceased and other two occupants, who also sustained injuries.
3. Crime No. 11 of 1996 for offence under Sections 279, 337 and 304A of the Indian Penal Code was registered against the respondent No. 1 (driver of the truck), which gave rise to Criminal Case No. 181 of 1996 before the Judicial Magistrate, 1st Class, Waidhan.
4. The appellant-claimant had claimed compensation for death of her son Rajesh Das to the extent of Rs. 5,61,525. She alleges that the deceased had been selected for mining course. The deceased was to get admission in Dhanbad Mining School for Diploma in Mining Engineering. Definitely, he was to become an Engineer earning handsome salary and look after his mother. The respondents did not defend the claim, proceeded ex pane.
5. On the basis of evidence available before the Claims Tribunal, the Claims Tribunal found that the accident took place as alleged. The Claims Tribunal also found that the driver of the truck was driving the truck rashly and negligently resulting in accident, death of deceased and injuries to other occupants of the motor cycle. Ultimately, the Claims Tribunal awarded compensation of Rs. 2,00,000 carrying interest at the rate of 12 per cent per annum.
6. Through present appeal, award of the Claims Tribunal is challenged, enhancement of compensation is pleaded. The respondents have not appeared to defend the case. We proceed to examine the matter on the available material.
7. Mr. Sheel Nagu, learned Counsel appearing for appellant-claimant, contends that the deceased was a brilliant student and he was selected for mining course in Dhanbad Mining School. Therefore, after completion of course, he was bound to secure good job, earn handsome salary, chance of promotion to higher post and look after mother and other family members in better way. With his death, the appellant-claimant has been left without any future means of subsistence and unfortunately, surviving son is mentally deranged and husband died long back. With this background, learned Counsel contends that the claimant has bleak future so it can very well be imagined how difficult her later life would be. Consequently, the enhancement of compensation is just and the Claims Tribunal did not pay a serious attention to assess just compensation in the case.
8. We have found that the truck driver was responsible for causing the accident, since it was being driven rashly and negligently resulting in accident, death of deceased and injuries to other two occupants of the motor cycle, which was parked on the left side of the road. The deceased was going to join Diploma Course in Mining Engineering, Dhanbad Mining School, for two years. Thereafter, there was a real possibility of good service and earning reasonably good salary. He would have arisen high in service. He could very well look after his mother, more so his ailing brother. All such opportunities have been snatched away with his death in this accident.
9. Mr. Nagu, the learned Counsel, refers to some decisions for seeking enhancement of compensation. Two decisions, on which great emphasis was led are: Shanti Bai v. Charan Singh 1998 ACJ 848 (SC) and Rajendra v. Bishamber Nath 1999 ACJ 799 (SC). Mr. Nagu contends that in Shantibai's case, deceased was 18 years old belonging to labour class, but had possibility of earning regular wages, when his brother was already earning Rs. 10 per day. Apex Court enhanced the compensation to Rs. 150,000 from Rs. 40,000 awarded by the High Court. In Rajendra's case, compensation was enhanced from Rs. 48,000 to Rs. 1,00,000 in case of deceased studying in the 8th class aged about 15 years. Precisely, the submission is that when in such cases, compensation would be to this extent, there is justification for enhancement of compensation in this case, where the deceased was 19 years old and was to be Mining Engineer in two years time with high service prospects.
10. Giving serious consideration to all the submissions advanced before us, we are of the opinion that it will be just and proper to award Rs. 3,50,000 as compensation, i.e., Rs. 1,50,000 more than the award passed by the Claims Tribunal. In addition, Rs. 2,000 for funeral expenses, Rs. 2,500 for loss to estate and Rs. 10,000 for loss of expectancy of life, the total compensation comes to Rs. 3,64,500. The enhanced compensation will carry interest at the rate of 9 per cent per annum, from the date of claim petition till payment.
11. Mr. Sheel Nagu submits that the appellant-claimant belongs to Jharkhand State, therefore, the Manager, National Insurance Co. Ltd., Waidhan (Sidhi) be directed to deposit the total amount of compensation including the interest in the State Bank of India, Ranchi (Jharkhand) within a period of two months and intimate the claimant about the action taken pursuant to this decision. Prayer is allowed and direction sought is issued.
12. The appeal is allowed in terms aforesaid.