JUDGMENT
Bhawani Singh, C.J.
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 (Biannual 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 the absence of any documentary evidence showing the income of the deceased to be less than this. Consequently, the deceased was contributing Rs. 36,000 per annum to the family after meeting personal expenses. Therefore, this amount has to be multiplied by 18. The compensation works out to Rs. 6,48,000 plus Rs. 7,000 for loss of expectancy of life, Rs. 2,500 for loss to the estate and Rs. 2,000 for funeral expenses.
11. Accordingly, the appeal is allowed. Award is modified and claimants are held entitled to compensation of Rs. 6,59,500 (rupees six lakh fifty-nine thousand five hundred) as follows:
(1) Bhanumal Wadhwani
(father) 15 per cent
(2) Sushila Wadhwani
(mother) 25 per cent
(3) Master Vipin
Wadhwani (son) 30 per cent
(4) Master Himanshu
Wadhwani (son) 30 per cent
The owner and driver of the truck are jointly and severally liable for the compensation. Since the truck was insured with New India Assurance Co. Ltd.; it shall be paid by the insurance company within two months. Enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment. The shares of Master Vipin Wadhwani and Master Himanshu Wadhwani be invested in F.D.R. with a nationalized bank in their names through Bhanumal Wadhwani, the grandfather, till they attain majority.
(2) Misc. Appeal No. 20 of 1994 (Bhanumal Wadhwani v. Rajendra Singh):
12. Ekta Wadhwani is wife of deceased Anoop Wadhwani and daughter-in-law of Bhanumal Wadhwani and Sushila Wadhwani and mother of Master Vipin Wadhwani and Master Himanshu Wadhwani. Anoop Wadhwani also died in the accident along with her leaving behind claimants. She was a graduate, she was housewife, therefore, looking after family and children. Contribution of housewife is great to the family not only towards the husband and the children but also towards in-laws. She has to satisfy all, may be some time to her disadvantage and discomfort. She was teaching the children also, therefore, doing something which could be done by employing a teacher against payment of considerable amount. Since there is no exact evidence about her income, it is desirable to assess her income as of non-earning member in terms of Second Schedule to Motor Vehicles Act, 1988, as amended by Act 54 of 1994. Consequently, it is taken that she was earning Rs. 15,000 per annum, therefore, after making deduction of 1/3rd for personal expenses, annual dependency comes to Rs. 10,000, multiplied by 18 the compensation works out to Rs. 1,80,000 plus Rs. 7,000 for loss of expectancy of life, Rs. 2,500 for loss to the estate and Rs. 2,000 for funeral expenses.
13. Accordingly, the appeal is allowed. Compensation of Rs. 1,91,500 (rupees one lakh ninety-one thousand five hundred) is awarded to the claimants as follows:
(1) Bhanumal Wadhwani
(father-in-law) 10 per cent
(2) Sushila Wadhwani 10 per cent
(mother-in-law)
(3) Master Vipin
Wadhwani (son) 40 per cent
(4) Master Himanshu
Wadhwani (son) 40 per cent
The owner and driver of the truck are jointly and severally liable for the compensation. Since the truck was insured with New India Assurance Co. Ltd.; it shall be paid by the insurance company within two months. Enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment. The shares of Master Vipin Wadhwani and Master Himanshu Wadhwani be invested in F.D.R. with a nationalized bank in their names through Bhanumal Wadhwani, the grandfather, till they attain majority.
(3) Misc. Appeal No. 21 of 1994 (Master Vipin Wadhwani v. Rajendra Singh):
14. Master Vipin Wadhwani was six years old at the time of the accident. He suffered injuries in this accident. He was admitted in Gandhi Medical College and Associated Hamidia Hospital, Bhopal. He suffered injuries reflected in Exh. P-2. Dr. P.K. Rai, AW 5, states that Master Vipin Wadhwani suffered fracture of pelvic and iliac bone apart from 6″ long injury to skull which leaves a scar. There is also injury on the chin leaving behind a scar. It took time for these injuries to heal and the claimant had to undergo treatment for a considerable period, including physiotherapy. Disability certificate, Exh. P-6, clearly shows that the permanent disability suffered by Master Vipin Wadhwani is 20 per cent according to Dr. P.K. Rai. In the totality of circumstances, narrated above and evidence available on record Master Vipin Wadhwani makes out a case for the award of compensation as under:
(1) Permanent disability Rs. 50,000
(2) Pain and suffering Rs. 20,000
(3) Medicines, attendant,
transport, special diet
and miscellaneous
expenditure Rs. 30,000
15. Accordingly, the appeal is allowed. Master Vipin Wadhwani is awarded compensation of Rs. 1,00,000 (rupees one lakh) for the injuries suffered by him in this accident. The owner and driver of the truck are jointly and severally liable for the compensation. Since the truck was insured with New India Assurance Co. Ltd., ii shall be paid by the insurance company within 2 months. Enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment. Master Vipin Wadhwani being i minor, the compensation be invested in F.D.R. with a nationalized bank in his name through Bhanumal Wadhwani, the grandfather, till he attains majority.
(4) Misc. Appeal No. 19 of 1994 (Yash-want Kumar Singh v. Rajendra Singh):
16. Claimant is son of Kamleshwar Singh who died in this accident. Deceased was driver in railways. He was receiving a salary of Rs. 1,645 per month, Exh. P-5, and there is no evidence to the contrary. Therefore, it has to be accepted that the deceased was earning Rs. 1,645 per month. After making deduction of 1/3rd towards personal expenditure, monthly dependency comes to Rs. 1,097 and annual Rs. 13,164 multiplied by 15, deceased being 45 years old at the time of accident (as per statement of claimant).
17. Consequently, the appeal is allowed. The claimant is awarded compensation of Rs. 1,97,460 plus Rs. 7,000 for loss of expectancy of life, Rs. 2,500 for loss to the estate, Rs. 2,000 for funeral expenses, total being Rs. 2,08,960 (rupees one lakh eight thousand nine hundred sixty). The owner and driver of the truck are jointly and severally liable for the compensation. Since the truck was insured with New India Assurance Co. Ltd.; it shall be paid by the insurance company within two months. Enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment.
Costs on parties in all the appeals.