G.D.DUBE, J. - (1.) THE Motor Accident Claims Tribunal, Jaunpur has awarded a sum of Rs. 38, 360/ - with pendente lite and future interest at the rate of six percent per annum to the claimants. The Tribunal had also directed that the awarded amount be divided equally amongst the widow, sons and daughters of the deceased.
(2.) IT has not been disputed that the deceased had died as result of accident which took place on 17.11.73. The deceased had boarded the bus of U.P. State Road Transport Corporation. The bus was being driven at a very high speed. The deceased was sitting on the seat of the conductor. The driver of the bus had tried to take over some other vehicle and during that maneuvering the deceased was thrown out in a jerk of the vehicle. He received serious injuries. Later on he died on 20.11.73 in Sir Sunder Lai Hospital, Varanasi. The Corporation had alleged in defence that the accident took place on account of negligence of the deceased. He did not pay heed to the direction of the Conductor to sit inside the bus. Rather he had travelled on the foot -board, and, therefore, was thrown out when the driver had turned the bus to avoid collision with other vehicle. The Tribunal, on the appraisal of evidence produced before it, came to the conclusion that the death occurred due to negligence of the driver and Conductor of the bus. The dependency of the claimants was assessed at Rs. 140/ - per mensem. The life expectancy of the deceased was calculated at sixty five years. It was held that the deceased was thirty four years of age at the time of death. Hence the compensation was calculated at Rs. 32, 360/ -. The Tribunal had also awarded Rs. 1, 000/ - towards medical expenses and Rs. 5, 000/ - towards loss of husband's consortium to the widow. Aggrieved by the above order of award, the Corporation has come in appeal.
(3.) IT has been argued by learned Counsel for the appellant that the calculation of compensation was erroneous. At the most the compensation should have been calculated by taking multiplier of 16 years. It was urged that the deceased was earning about Rs. 300/ - per mensem. The amount allegedly spent by the claimants towards the claim was calculated at Rs. 200/ -. It was further urged that the widow was getting Rs. 60/ - per m ensem as family pension. Hence the total dependency comes to Rs. 140/ -. It was contended that the main purpose of compensation is to award such an amount which if deposited in Bank may provide that amount which the claimants would have obtained for their maintenance during the life time of the deceased.;