S.R.Singh, J. - (1.) This appeal is directed against the judgment and decree (award) dated 27.4.1983 passed by Motor Accidents Claims Tribunal (VIII Additional District Judge), Allahabad, in Motor Accident Claim Case No. 166 of 1979 between Gopi Chand, claimant and U.P. State Road Trans. Corporation and Anr., opposite parties.
(2.) The claim, the petitioner filed before the Motor Accidents Claims Tribunal, arose out of a motor accident which occurred on 10.7.1978. The deceased Ashok Kumar was a boy of 13 years of age and student of VIth standard at the time of accident. The father of the deceased was engaged in purchase and sale of food-grains both by way of pheri (hawk) as well as through a shop at his residence and had an income of Rs. 300/- per month. He claimed Rs. 1,00,000/- by way of compensation for the death of his son Ashok Kumar as a result of injuries sustained by him in the accident arising out of use of motor vehicle belonging to the appellant. It was also alleged in the claim petition that the deceased was earning Rs. 200/- per month and was helping his father in maintaining the household expenditure. The claim petition was contested by the appellant, inter alia, on the ground that the accident occurred due to negligence of the deceased inasmuch as, as soon as the U.P.S.R.T.C. bus No. UPZ 8106 driven by B.D. Misra and conducted by Prem Chandra Srivastava was about to reach Babuganj, a truck came from Phoolpur side and crossed the bus and in the mean time the deceased while crossing the road in a hurry from behind the truck was dashed by the rear left wheel of the bus and thereby sustained injuries for no fault of the driver of the bus who was driving very slowly and not in a high speed.
(3.) Upon consideration of the evidence adduced in the case, the Motor Accidents Claims Tribunal found that the claimant succeeded in proving that the accident was caused due to rash and negligent driving of the bus by its driver. Tribunal found that the deceased had no independent income of his own, although he might have been helping his father in conducting the business, but upon evidence that the father was earning about Rs. 300/- per month, the Tribunal presumed that the deceased would have also earned Rs. 300 per month after attaining the age of majority. The Tribunal held that the deceased would have spent at least Rs. 150/- per month on his own person and out of remaining Rs. 150/- he would have spent Rs. 100/- upon his parents and Rs. 50/- would have been saved by him for his estate. The Tribunal believed the claimant's case that the deceased was 13 years of age at the time of accident and taking the life expectancy of 65 years, the Tribunal fixed 42 years as earning span of life after attaining the age of majority. It is on these findings that the Tribunal calculated the amount of compensation at Rs. 150/- x 12 x 42 = Rs. 75,600/-. But after giving 20 per cent discount towards uncertainties of life and 15 per cent on account of lump sum payment, the Tribunal worked out the compensation at Rs. 49,200/-. To this amount the Tribunal added Rs. 10,000/- for father and mother each as compensation for loss of love and affection and for mental shock and awarded compensation of Rs. 69,200/- which the Tribunal considered to be reasonable.;