K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for death of a male aged 27 years, who died in accident on 11.04.2000. The deceased was said to be doing dairy business earning Rs. 10,000/ -. The claimants were parents. The accident had taken place at the time when the deceased was in the process of boarding the bus. The bus started and he fell down and got run over by the rear tyres of the bus. Both his legs got crushed and he was taken to hospital in a seriously injured condition. He died in the hospital on next day. The Tribunal held that the accident was not result of any negligence on the part of the driver of mini bus and therefore, assessed a compensation only at Rs. 20,000/ - on no fault basis.
(2.) THE police had recorded a statement from the deceased immediately after the accident where he was alleged to have stated that he had been detained in Ludhiana Central Jail in judicial custody for offence under Section 326 IPC. He got discharged from the jail and was going to the bus stand. He saw the bus stop which was ahead of him and on seeing it, he started running and tried to step into the moving bus, his hand slipped and he fell down. The manner in which the accident is reported, there is surely a case of some indiscretion on the part of the deceased in trying to get into a moving bus, slipping and falling down. The Tribunal had assessed that there had been no negligence on the part of the driver of the mini bus. However, I would still find that the assessment was erroneous. It should have been appropriately considered as a case for prosecuting under Section 163A of the Motor Vehicles Act instead of filing of an application under Section 166 of the Motor Vehicles Act. Although the petition is filed under Section 166 of the Motor Vehicles Act, considering the fact that the deceased belonged to the poor economic strata of society and that he had just been released from the jail, I would apply the scales as provided under Schedule II, take his income notionally at Rs. 15,000/ - per annum, provide for 1/3rd deduction for personal expenses and the contribution to the family at Rs. 10,000/ -per annum. I will apply a multiplier of 18 as provided under Schedule II and assess the loss of dependence at Rs. 1,80,000/ -. I will add Rs. 4500/ - towards funeral expenses and loss to estate. The total compensation payable shall be Rs. 1,92,500/ -. The additional compensation brought through this award will also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the insurance company. The award is modified and the appeal is allowed to the above extent.;