- (1.) B. S. Verma, J. The present appeal by the owner of the ve hicle, under Section 110-D of the Mo tor Vehicles Act 1939 (for short the Old Act) is directed against the judg ment and award dated 30-6-1982 passed by the then Motor Accident Claims Tribunalli Additional District Judge, Nainital (for short the Tribunal) passed in Claim Petition No, 139 of 1979, Smt. Lila Rani Bakshi & others Vs. Janardan and others, whereby a compensation of 96,000/- was awarded to the claimant along with interest @ 6% per annum. Out of this amount, sum of Rs. 50,000/- was payable by the Insurance Company and the remaining 46,000/- was ordered to be paid by the owner and driver of the vehicle jointly and severally.
(2.) RELEVANT facts necessary for a just decision of the appeal are that claimant-respondents, who are legal heirs of the deceased filed a claim pe tition before the learned Tribunal for compensation of Rs. 13,50,000/- for the death of Ravinder Nath Bakshi in a vehicular accident which occurred on 3. 7. 1979 between Kashipur and Ramnagar near village Pratappur in volving truck No. UTF-3744, which was driven rashly and negligently by its driver and hit the motor cycle of Ravinder Nath Bakshi with the result Ravinder Nath died on the spot as a result of injuries suffered by him. It was alleged that the deceased was well built, aged 47. years and earning about Rs. 3,500/- per month from agriculture and farming at the time of his acciden tal death. The owner-appellant resisted the petition and denied the accident as re sult of rash and negligent driving, rather it was asserted that the accident oc curred due to own negligence of the deceased. It was pleaded that the de ceased was coming on motor bike at a high speed and he could not control the motor cycle and struck against the rear left wheel of the truck. Quantum of compensation has been questioned. The driver of the truck, Jamil Ahmad had also taken similar grounds as that of the owner in his written statement. The insurer of the truck con tested the claim petition by filing its written statement. However, the insurer had taken the same defence as taken by the owner and driver, but has also pleaded that the vehicle was insured only for Rs. 50. 000/ -.
(3.) THE learned Tribunal framed necessary issues, recorded the evidence led by the parties, heard them and af ter perusing the evidence on record, the Tribunal has elaborately dealt the evi dence and relying upon the testimony of two eyewitnesses-Makhan Singh, P. W. 5, and Shamendra Datt Sharma, P. W. 6, held that the accident resulting into fatal injuries to the deceased Ravinder Nath Bakshi was caused due to rash and negligent driving by the driver of the offending truck No. UTF-3744 alone. On the quantum of com pensation, the learned Tribunal has observed as under: "taking into account all these fac tors, the pecuniary loss of the legal heirs of the deceased must be as sessed at Rs. 1,000/- per month. In other words, their income from the agricultural holding of the deceased has been reduced by 1/3rd then what it was during the life time of the deceased. THE loss has occurred in two ways. Firstly, it is no more pos sible for his widow to take the land of others on THEka and to cultivate it so as to earn income thereby. Sec ondly, for lack of superuision of a male family members, the land of 10. 39 acres owned by the deceased is not likely to give as much yield as it would have in case the husband of the lady had been alive to supervise the agricultural operations over his field. " Ultimately, the Tribunal assessed pecuniary loss to the claimants at Rs. 2,16,000-00 which was calculated @ Rs. 1000/- per month for a span of 18 years taking the longevity of life up-to the age of 65 years had the deceased not died accidental death. Even after computing, pecuniary loss to the legal heirs @ of Rs. 1000/- per month, the learned Tribunal further deducted 1/3rd from the said amount of 2,16,000/- to wards personal expenses, thereby a fur ther sum of Rs. 72,000/- was left out and the remainder came to Rs. 1,44,000/ -. Apart from above, the Tri bunal further deducted 1/3rd of Rs. 1,44,000/- for lump-sum payment of compensation and the pecuniary loss was calculated Rs. 1,44,000/- (-) 48,000=rs. 96. 000/ -.;