ORDER
By the Court
1. Heard the parties and
with the in consent this appeal is disposed of at the stage of hearing under Order XLI. Rule 11 of the Code of Civil Procedure itself.
2. The deceased Pradeep Roy, aged about 31 years was serving in Nutrine Confectionary Company Private Limited Chittur (Andhra Pradesh) and was posted at Patna. He was getting total monthly emoluments of Rs. 3,000/-.
3. On 17.3.1988. while the deceased was going from Patna to Jamshedpur to attend the meeting of his Company by bus, bearing registration No. BPA 8611, near village Dirlong, under Chandil Police Station on National Highway No. 33, the said bus collided with the truck, bearing registration No. CHW 7269, as a result of which he received injuries and died on the spot. The said bus was insured with the Oriental Insurance Company Limited, whereas the truck was insured with the United India Insurance Company Limited.
4. His widow along with a minor daughter filed claim application under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as “the Act”). It was registered as Miscellaneous Judicial (Compensation) Case No. 99 of 1983. before the Motor Vehicles Accident Claim Tribunal-cum-the fourth Additional District Judge. Singh-bhurr. West at Chaibasa. It was contested by both the Insurance Companies.
5. The Tribunal found that the accident took place due to composite negligence of both the drivers of the offending vehicles. The owners of both the bus and the truck were, therefore, held jointly and severally liable to pay compensation to the claimants. The tribunal calculated the total amount of compensation payable to the dependents of the deceased Pradeep Roy at Rs. 6,55,000/- with 12% interest from 17.8.1991, when the claim application was filed till payment. Both the Insurance Companies were held liable to indemnify the owners of both the offending vehicles of their entire liability to pay compensation awarded in the case. However, a sum of Rs. 15,000/- already received by the claimant by way of ad-interim compensation was directed to be deducted from the total amount of compensation payable.
6. The Insurer of the truck, namely. United India Insurance Company Limited has filed this appeal against the impugned Judgment and award dated 19.4.1996. In the instant case there is nothing on record to show that the claimant had filed application or received compensation under the Workmen’s Compensation Act, 1923. The contesting Insurance Company failed to produce any evidence in this regard. The claim application under the provisions of the Act was. therefore, maintainable.
7. The accident took place on 17.3.1988 and the claim application was filed on 15.9.1988 and as such it was well within the period of limitation.
8. From Ext. 2, it appeared that the deceased on the date of accident was drawing Rs. 1600/- per month as basic salary and allowances. Besides this he was eligible for G.P.F. 8% of the basic salary and D.A. bonus. 20% of the yearly emoluments. From the break up given in Ext. 2, the tribunal came to the conclusion that the deceased was getting per month more than Rs. 3000/-. Out of that one-third of the gross income of the deceased was liable to be deducted towards his personal living and expenses and thus the annual dependency came to Rs. 24,000/-. The tribunal, in my view, rightly used multiplier of 16 for computing the compensation. Thus, the annual dependency to the tune of Rs. 24,000/- multiplied by 16 comes to Rs. 3,84,000/-. The claimants have already received a sum of Rs. 15,000/- by way of interim compensation. So, deducting the said amount a sum of Rs. 3,69,000/- with interest @12% p.a. from the date of claim application till payment is payable and both the owners as well as insurers respectively of the truck and the bus were liable to pay the aforesaid compensation amount and both the Insurance Companies were liable to indemnify the respective liability of the owners of the two vehicles.
9. With the aforesaid modification in the impugned Judgment and award, this appeal is disposed of.
10. Appeal disposed of.
