MEERA DEVI Vs. DEPOT MANAGER, U.P.R.C.

JUDGEMENT

(1.) ALL these three appeals arise out of the common award dated 29.7.1983 passed by the Motor Accidents Claims Tribunal, Udaipur in the two claim petitions filed one by Meera Devi along with other heirs of deceased Purushottam and another by Gopal Dass, therefore, they are disposed of by this common judgment along with cross -objections filed by Nemi Chand in Appeal No. 176 of 1983 and by Gopal Dass in Appeal No. 191 of 1983.

(2.) THE brief facts, giving rise to these appeals, are that on 25.10.1979 the bus bearing No. URB 1575 belonging to the U.P. Roadways was coming from Brindavan to Udaipur. At about 8.30 in the evening when this bus was negotiating town near Bhagwan Da Gram a truck bearing No. RSY 4036 came from opposite direction and struck against the bus as a result of which, passengers Purushottam and Gopal Dass received serious injuries. Both were immediately taken by another bus of the Rajasthan State Road Transport Corporation which came there to the hospital. But Purushottam died and Gopal Dass could survive on account of proper medical treatment. The heirs of deceased Purushottam filed a claim petition on account of the death of Purushottam and Gopal Dass filed a claim petition for compensation for injuries received by him in this very accident. The claim petitions were filed against the driver and owner of the bus as well as of the truck and the insurance company which insured the truck. The claimants examined a number of witnesses. Likewise the non -claimants also examined a number of witnesses. The relevant witnesses will be referred while discussing the arguments. After considering over the matter the Tribunal decreed the claim of the wife and others of deceased Purushottam, i.e., Meera Devi and others to the extent of Rs. 72,000/ - and in case of Gopal Dass the Tribunal awarded a sum of Rs. 15,000/ - as compensation for the injuries received by him. Aggrieved against this award, the claimants Meera Devi and others have filed the present Appeal No. 176 of 1983 on the ground that the U.P. Roadways Corporation should also be held liable as the driver of the bus of the U.P. Roadways was also equally negligent. A cross -objection has also been filed in this appeal by Nemi Chand, the owner of the truck on the ground that in fact the driver of the U.P. Roadways was negligent. As such the U.P. Roadways shall also be saddled with the liability of paying the compensation. The insurance company has filed the appeals bearing Nos. 190 and 191 of 1983 on the ground that their liability is only to the extent of Rs. 50,000/ - under Section 95(2)(a) of the Motor Vehicles Act, 1939. Gopal Dass has also filed cross -objections in the appeal filed by the insurance company for enhancement of the compensation.

(3.) NEXT , learned Counsel submitted that the deceased Purushottam was a teacher and he was aged 37 years. According to the Tribunal the dependency, of the claimants was treated to be Rs. 500/ - per month and it has employed the multiplier of 12 years. Mr. Gupta, learned Counsel, submitted that even accepting the finding of the Tribunal that dependency was Rs. 500/ - per month still the multiplier of 12 years for a person aged 37 years is too low in the present state of affairs where the life expectancy has gone to 65 -70 years. Thus, learned Counsel submitted that atleast the multiplier of 20 years should have been employed in the present case. I think the submission of Mr. Gupta deserves to be accepted. It has been accepted by the apex court of the country that life expectancy in the country has risen. Therefore, the multiplier of 12 years applied in the present case appears to be too low. As such the multiplier in the present case deserves to be enhanced to 20 years. Thus by employing the multiplier of 20 years the amount comes to 500 Ã - 12 Ã - 20= 1,20,000/ -. Therefore, the compensation for death of deceased Purushottam is increased to Rs. 1,20,000/ - with 9 per cent per annum interest from the date of filing of the claim petition.