- (1.) The present appeal has been preferred by dependents of deceased Sh. Ravi Shankar Updahyay against award dated 14th September, 1984 assailing the quantum of compensation awarded by the Tribunal with a prayer that the compensation should be enhanced. In response, counter objections have been filed by the owner that the Tribunal wrongly held that liability of the insurance company was limited only to Rs.50,000/- and rest of the amount was recoverable from the owner. The owner has also assailed the order of the Tribunal on the issue of negligence and quantum of compensation. The appeal has been contested by the insurance company and the stand of insurance company has been that its liability was limited to Rs.50,000/-.
(2.) Brief facts relevant for the purpose of deciding this petition are that on 5th June, 1979 Sh. Ravi Shankar Upadhyay was going on his motorcycle bearing No.DEW 7217 from Connaught Place office of DESU to other office of DESU situated at Nizamuddin. When he reached at Nizamuddin crossing, he was hit from behind by mother dairy milk van being driven rashly and negligently by its driver. The deceased, at the time of his death, was working as an engineer with DESU. He was allotted a residential accommodation by his department and was drawing a salary of Rs.1,018.80 per month at the time of his death. It was proved on record that his next promotion would have been as Assistant Executive Engineer. It was also submitted that he being a brilliant engineer was likely to reach the top. The deceased had left behind his wife and four children. His children at the time of his death were aged between 2 years and 5 years. The learned Tribunal while considering the just and fair compensation deducted 1/3rd of the income towards personal expenses of deceased and calculated dependency of the family at Rs.720/- per month and applied a multiplier of 16 as the age of the deceased at the time of death was 35 years. Thus, the Tribunal awarded a sum of Rs.1,38,240/- as compensation. To this amount, Rs.11,760/- was awarded on account of loss of expectation of life and loss of love and affection and the total compensation awarded was Rs.1,50,000/-.
(3.) In order to prove negligence of the milk van bearing No.DHL 502, claimants had examined PW 10 Sh. V.K. Mahajan. PW 9 Sub-Inspector Sh. Om Prakash had done investigation of the case and supported the claimants" case of van driver being negligent. After appreciating the evidence of the witnesses, the Tribunal came to the conclusion that it was the driver of milk van who was negligent. It would be seen that in the written statement, driver had even denied the collusion. The driver of the van did not appear in the witness box in support of his pleading. It was proved before the Tribunal on record that motor cycle was hit from behind. I, therefore, consider that the Tribunal rightly came to the conclusion that the accident took place due to rash and negligent driving of milk van in question.;