1 S.B.Civil Misc. Appeal No.668/98 RSRTC v. Smt.Kuleeep Kaur & Others. IN THE HIGH COURT OF JUDUCATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT. R.S.R.T.C. ,GANGANAGAR V. SMT.KULDEEP KAUR & ORS. S. B. CIVIL MISC. APPEAL NO. 668/98, against the judgment and award dated 6.5.98, passed by Shri Tegpal Sihag, RHJS, Judge, Motor Accidents Claims Tribunal, Sriganganagar in MACT case No. 164/94 DATE OF JUDGMENT : 28/01/2010 HON'BLE MR. JUSTICE C. M. TOTLA Ms. Khushbu Soni for Mr.V.K.Mathur, for Appellant (s). None present for Respondent (s). BY THE COURT: In an accident involving motor cycle No. RJ 13M 7597 and bus RNP 1177 - of the injuries sustained motor cycle driver Lakhvinder Singh died and bus owner – RSRTC challenges legality and also quantum. Compensation Rs.4,36,600/- is awarded to respondents No.1 to 4 who respectively are wife, minor son, mother and father of deceased. According to respondent claimants as is averred in the claim petition, Shri Lakhvinder Singh, 32 years, head constable in police department, on 20.5.94 at about 4.00 p.m. and riding on government motor cycle TVS Suzuki RJ 13M 7579, was going from Sriganangagar to Dalaptsinghpur Check Post on Kesharisinghpur road – deceased was driving at right side of the road and coming from opposite side RSRTC bus No. RNP 1177 collided with motor cycle – Lakhvinder Singh felling 2 S.B.Civil Misc. Appeal No.668/98 RSRTC v. Smt.Kuleeep Kaur & Others. down, came under bus and died of the injuries then and there. The police control room was informed and FIR No. 190/94 registered and after investigation, charge-sheet for the offences of Sections 279 and 304A IPC against bust driver R5 is submitted before magisterial court. Respondents claimed (i) that Shri Lakhvinder Singh, 32 years employed as head constable, was earning Rs.2542/- per month and with little expenses for – was spending Rs.2,000/- on his family so claimants are put to loss of this dependency for 26 years amounting to Rs.6,24,000/- (ii) for sufferance of pain and agony Rs.1,00,000/- and (iii) for consortium Rs.1,00,000/-. Also described that wife R1 pregnant at that time blessed with son R2 on 20.5.94. Appellant Corporation, in reply, averred that bus was driven very carefully and safely by the driver and motor cycle was driven very fast and rashly by the deceased who losing his balance, himself fell down on the road and since was not wearing helmet, sustained injuries at his head and died. Appellant claimed that deceased under the influence of liquor, was over-taking a tractor trolley and accident occurred exclusively due to his own negligence. Other averments of claim are denied for want of knowledge. Almost very similar is the reply of the driver. RSRTC (the appellant) and also driver averred that claimants not entitled for compensation and they are in no way responsible for it. Issues No 1 and 3 are regarding rash/negligence and issue No.2 for quantum of compensation. In support of the claim, evidence is of wife of deceased AW 3, mother AW 5, father AW 2 and witnesses AW 1 and AW 4. AW 1 stating himself to be a passenger of bus and Gurudayal Singh passing from there 3 S.B.Civil Misc. Appeal No.668/98 RSRTC v. Smt.Kuleeep Kaur & Others. on separate motor cycle speak of accident happening due to negligence of bus driver. For appellant examined is bus driver Krishan Lal NAW 1 and conductor Jangeer Singh NAW 2 who both state that bus was driven slow and the motor cycle rider driving speedily and rashly trying to over take a tractor-trolley striking at bus fell down and also that speed brakers existed there around. Among the documents tendered in evidence are copies of the police challan, employment and salary certificate of the deceased etc. Learned Judge arriving conclusions that (1) accident occurred due to rashness and negligence of the bus driver, (2) Lakhvinder Singh injured and died of the injuries, (3) claimants dependants of Lakhvinder Singh, (4) Lakhvinder Singh head constable 32 years was earning Rs.4,000/- per month and (5) dependency of claimants Rs.2600/- per month. Accordingly, awarded (i) Rs.4,05,600/- of dependency, (ii) Rs.31,000/- for consortium affection etc. Total Rs.4,36,600/- with interest 12% from July, 1994 the date of presentation of claim petition. Learned counsel for the appellant argued that accident occurred due to negligence of the deceased himself and definitely not due to any negligence or fault of the bus driver. Also submitted that the bus driver is acquitted by the criminal court of the criminal charges. Argued that at least contributory was the negligence of the deceased. Thrustly argued submitted that deceased was in drunken state. Also submitted that deceased per claim itself was a Government servant and his dependents are entitled to other reliefs and benefits per service rules, therefore, quantum of compensation assessed is on very high side and that multiplier used of 13 is too high and that total monthly emoluments per certificate were Rs.2564/-. 4 S.B.Civil Misc. Appeal No.668/98 RSRTC v. Smt.Kuleeep Kaur & Others. AW 1 who was a passenger in bus deposed that bus at a fast speed cutting a little struck motor cycle which was driven at normal speed and right side and the motor cycle driver dragged for distance with front wheel of the bus – subsequently the motor cycle driver Lakhvinder Singh died then and there. Similar is statement of Gurdayal Singh AW 4 who per him was passing on a motor cycle there. Copies of site inspection memo prepared by police in course of investigation are Ext.C-3 and C-4, according to which road was 18' wide and collusion occurred at right of the middle of the road (for bus from where upto a distance of 20' were marks of dragging the only bus with deceased underneath stopped). Given the fact very apparent that the bus was driven at very fast speed at such a distance proved that the accident occurred due to rash and negligence of the bus driver. Deceased was head constable in police department and per certificate of the police department dated 11.9.97, just prior to May, 94, he (Lakhvinder Singh) was, including of all allowances, was getting Rs.2542/- per month. This included Rs.140/- as dress and mess allowance. Claimants are parents, wife and a infant son of deceased. Learned Tribunal considering future prospects reckoned income of deceased at Rs.4,000/- per month and dependency at Rs.2600/-. Multiplier used is of 13 – given the facts and dependants, it can safely be inferred that deceased at least two-third and perhaps considering age of the parents for coming 7-8 years to the extent of three-fourth of his earning would have spent towards expenditure of the family. Taking income at Rs.4,000/-, whereas at that time, deceased actually was earning around Rs.2500/- per month – then a multiplier of 13 is used – the Deceased was about 32 years of age. Given the nature of services and expectency of life, if dependency is taken at the level of actual earning at 5 S.B.Civil Misc. Appeal No.668/98 RSRTC v. Smt.Kuleeep Kaur & Others. that time, then there was some scope for enhancing the multiplier a little. All the factors taken cumulatively for dependency awarded four lacs, seems to be just and reasonable. It is to be noted that for the pain, agony and consortium and other expenses about Rs.35,000/- are awarded. Though not appears to be appropriate reason to interfere with the quantum of dependency but still if that is reduced to some extent, then strong may be grounds for enhancing for consortium, agony etc. particularly when survived with wife and a little kid and parents. Total compensation awarded Rs.4,36,000/- seems just and reasonable and does not require any interference. However, reducing rate of interest (from 12%), it is directed that the interest shall be payable at the rate of 10% simple per annum. The appeal is rejected and only on the point of interest is partly allowed. (C. M. TOTLA), J. scd