- (1.) Being dissatisfied with the quantum of compensation awarded by Motor Accident Claim Tribunal/VIth Additional District Judge, Etawah in Motor Accident Claim Petition No. 548 of 1996 (Avani Kant and others v. U.P. State Road Transport Corporation) , claimant-appellants have filed this First Appeal From Order against the judgement and award dated 15.5.1999 of the said Tribunal seeking enhancement of compensation on account of death of Smt. Vimla Devi in a motor accident on 1.7.1996, whereby the Tribunal has awarded a sum of Rs.57,000/- along with 12% per annum simple interest payable by the respondent, U.P. State Road Transport Corporation.
(2.) Brief facts of the case, as per the claimant-appellants, was that on 1.7.1996 at about 11.30 a.m., on National Highway No.2 within the village Kursaina, 3 kms. west to the Police Station Jaswant Nagar, when the deceased along with her family was travelling in a Bus of U.P. State Transport Corporation No. U.P. 80E/9482, which was being driven rashly and negligently by the driver and it hit Truck No. M.P. 07A/1987 which was standing on the right side of the road and in consequence thereof overturned, due to which five passengers of the said Bus succumbed to injuries at the spot including the deceased Smt. Vimla Devi and claimants/rest of the family members of the deceased including other passengers got serious injuries. The deceased at the time of the accident was a young lady aged about 32 years. She was a housewife and the claimants were totally dependant upon the invaluable services and domestic work rendered by her which cannot be computed in terms of money, so the claimant/appellants have made a notional loss of dependency to the tune of Rs.3,000/- per month as the homemaker and due to her loss the claimant/appellant no.1 had to engage one maid at Rs.100/- per day to perform the domestic work and also to look after her minor children. The claimant-appellants claimed Rs. 11,70,000/- as compensation.
(3.) The Tribunal has jointly adjudicated and decided this claim petition along with other claim petitions of the appellants no.1 to 3 as MACT Nos.549 of 1996, 550 of 1996 and 551 of 1996 and framed as many as three issues and after considering all materials, oral and documentary evidence, Tribunal came to the conclusion that death of Smt. Vimla Devi was caused only due to rash and negligent driving of the driver of Bus in question of respondent-U.P. State Road Transport Corporation. Based on the oral testimony of the witnesses, Tribunal came to the conclusion that the deceased was a non-earning member of the family being a housewife and utilising the services of a maid at Rs.100/- per day, had not been averred in the claim petition and it was for the first time stated in the evidence. Tribunal assessed a lump-sum minimum statutory compensation of Rs. 50,000/-, i.e., no fault liability, in the case of deceased, adding conventional damages of Rs.7,000/- towards funeral expenses and loss of consortium, vide the impugned judgement and awarded total compensation of Rs.57,000/- with interest @ 12% per annum only.;