Allahabad High Court High Court

Rama Shanker Maurya vs Ram Singh on 6 August, 2010

Allahabad High Court
Rama Shanker Maurya vs Ram Singh on 6 August, 2010
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Court No. - 7

Case :- FIRST APPEAL FROM ORDER No. - 88 of 2004

Petitioner :- Rama Shanker Maurya
Respondent :- Ram Singh
Petitioner Counsel :- S.P. Maurya
Respondent Counsel :- Shailendra Singh Chauhan


WITH

Case :- CROSS OBJECTION No. - 12 of 2004

Petitioner :- Ram Singh (Inre W.P. No- Fafo- 88/2004)
Respondent :- Rama Shankar Maurya
Petitioner Counsel :- S.S Chauhan,
Respondent Counsel :- S. P. Maurya

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Hon'ble Dr. Satish Chandra,J.

This appeal has been preferred under Section 173 of the Motor

Vehicles Act, 1988 against the judgment and order dated 22.01.2004

passed by Motor Accident Claims Tribunal, Sultanpur in Claim

Petition No. 71 of 2001 (Ram Singh v. Rama Shanker & Others)

whereby a compensation of rupees one lac was awarded.

The brief facts of the case are that on 14.02.2001 at about 5.30

pm, Sri Sahdev Singh (hereinafter referred as deceased) was

crossing the Sultanpur-Jaunpur National Highway by his bicycle. A

motorcycle no. U.P.72-8425 came with speed and dashed the cyclist.

The deceased sustained injuries and was admitted in the hospital

and next day he was referred to Lucknow where he died. As per the

postmortem report, the age of the deceased was taken as 60 years.

The son of the deceased has filed the Claim Petition before the Motor

Accident Claims Tribunal. The Tribunal has awarded a compensation

of Rs.80,000/- plus Rs.20,000/- as consortium, loss of estate and
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funeral etc. Thus, the total compensation of rupees one lac was

awarded against the appellant.

With this background, Sri S. P. Maurya, learned counsel for the

appellant submits that the claimant has not filed any Khatauni nor

produced any witness to prove the income of the deceased. The

award was passed on the basis of presumption and without any

material evidence, which is on higher side. He also submits that

there was no evidence of the rash and negligent driving but the

Tribunal has passed the award against the appellant contrary to the

material evidence. The claimant-respondent who was about 28 years

of age cannot proved the dependency of the deceased. So, award

cannot be passed. For this purpose, he relied on the ratio laid down

in the case of Mrs. Hafizun Begum v. Md. Ikram Heque and

others; 2007 (4) T.A.C. 1 (S.C) where it was observed that right to

file a claim application has to be considered in the background of

right to entitlement. The legal representative is one who suffers on

account of death of a person due to a motor accident and need not

necessarily be a wife, husband, parent or child. Learned counsel

further relied on the ration laid down in the case of Smt. Manjuri

Bera v. Oriental Insurance Co. Ltd.; 2007 AIR SCW 1962 where it

was observed that liability in terms of Section 140 however does not

cease because of absence of dependency. Therefore, even if there

is no loss of dependency the claimant if he or she is a legal

representative will be entitled to compensation, the quantum of which

shall be not less than the liability flowing from Section 140 of the Act.
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Learned counsel also submits that this is a case of no fault

liability as per Section 140 of the Motor Vehicles Act. So, the

compensation is on higher side. He also relied on the ratio laid down

the case of U.P. State Road Transport Corporation and another

v. Tara Devi and others; 1996 (1) TAC 614 where it was observed

that major sons are not entitled to compensation under Section 110-A

of the Motor Vehicle Act 1939. The fact remains that the present

case is not covered by the Old Act No. 1939. So, the ratio is not

applicable in the instant case. Lastly, he made a request that the

order may kindly be set aside and award be computed as per the

doctrine of no fault liability.

On the other hand Sri Shailendra Singh Chauhan learned counsel

for the opposite party submits that the compensation of Rs.80,000/- is

meager one as originally the claim was made for Rs.3,35,000/-. He also

submits that the age of the deceased was 55 years and he was engaged in

the agricultural activities and also selling the vegetables. So, he prays that

the compensation may be enhanced.

Heard both the parties at length and gone through the material

available on record.

From the record, it appears that on 14.02.2001 in the evening at

about 5.30 pm, when Sri Sahdev Singh ‘deceased’ was crossing the

National Highway on his bicycle, a motorcycle NO. U.P.72–8425 came

with speed and dashed the cyclist, resulted into serious injuries to the

deceased who died next day in the hospital at Lucknow.

In the instant case, the accident is not in dispute as FIR was

lodged against the appellant. The appellant himself has admitted that
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he has purchased the motorcycle in question before three and half

years from one Sri Ram Raj Mishra. It was not transferred in his

name but he admitted that the vehicle was in possession and at the

relevant date and time, he had gone from his house to the Press. The

appellant also claimed that he was possessing the valid driving

license but the same was not produced at any stage before the

Tribunal.

The Tribunal after examining the eye witnesses including Sri

Shiv Kumar Singh, who was having the shop near the occurrence

and stated that appellant driving the said motorcycle and he had also

fallen down due to the accident with the cyclist (deceased). So, the

accident is not in dispute. The said motorcycle was not insured. So,

the sole liability lies upon the owner of the motorcycle i.e. the

appellant.

In the postmortem report, the age of the deceased was

mentioned at 60 years. So, the Tribunal has taken the same. The

notional income of the deceased was taken as Rs.1500/- because no

evidence was furnished pertaining to the higher income. The Tribunal

after deducting 1/3rd of the amount on self expenditure, applied the

multiplier of eight and computed the compensation of Rs.80,000/-. In

addition, Rs.20,000/- were also awarded as consortium, loss of

estate and funeral expenses. Thus, the total compensation come to

rupees one lac. The same appears reasonable. Thus, the appeal has

no merit and the same is dismissed.

Needless to say that when the compensation was awarded as
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per schedule-II of the Motor Vehicles Act, there is no question of

enhancement of the compensation. So, the cross objection has no

merit, the same is also dismissed.

Hence, the impugned order passed by the Motor Accident

Claims Tribunal is hereby sustained along with the reasons

mentioned therein.

The appeal as well as the cross objection are hereby

dismissed. The amount, if any, deposited in this Court shall be

transmitted to the Motor Accident Claims Tribunal, Sultanpur, who

shall proceed in terms of the award.

Order Date :- 6.8.2010
VNP/-

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Hon’ble Dr. Satish Chandra, J.

Dismissed.

        For orders see my order of
date    passed       on   the   separate
sheets.
Dated : 06.08.2010
VNP/FAFO 88/2004




Hon'ble Dr. Satish Chandra, J.
        Dismissed.
        For orders see my order of
date passed on FAFO No. 88 of
2004.
Dated : 06.08.2010
VNP/Cross Objection 12/2004