R.S.MADAN,J - (1.) IN the claim petition bearing No. 59 of 1988, the Motor Accident Claims Tribunal, Ambala (hereinafter to be referred to as the "Tribunal"), after considering the evidence brought on the record, returned finding on issue No. 1 in favour of the claimants holding respondent No. 3, driver of Bus bearing No. HRE-8823, responsible for causing the accident in which Bakshi Ram suffered death at the age of 60 years, as is evident from the post mortem report.
(2.) FOR the grant of compensation, the Tribunal noticed that Bakshi Ram, since deceased, was a retiree from Municipal Corporation, Amritsar. The deposition of the claimant that Bakshi Ram deceased after his retirement started the business of cloth with his brother-in-law, was not accepted by the Tribunal, for want of partnership deed. The Tribunal was of the view that after the retirement, the working potentiality of a person is reduced to do any hectic work and treated him as a labourer. The Tribunal assessed his monthly income at Rs. 800/-. After deducting half of the amount as expenses of the deceased for his self-maintenance, the dependency of the claimants was assessed at Rs. 400/- per month. The deceased suffered death at the age of 60 years. Keeping in view the normal expectancy of life as 70 years, the Tribunal adopted the multiplier of 10 and awarded compensation of Rs. 48,000/- to the claimants along with interest at the rate of 12% per annum from the date of filing of the claim petition till the realization of the same. During the pendency of the appeal, the new Motor Vehicles Act, 1988 has come into force. As per the provisions of Section 140 sub-clauses (1) and (2), the claimants are entitled to a sum of Rs. 50,000/- in the case of death of a person in accident. As per the provisions of the amended Act, the claimants are entitled to same amount of compensation as envisaged under sub-clause (2) of Section 140 of the Motor Vehicles Act, 1988. Section 140 sub-clauses (1) and (2) of the Act is reproduced as under : "140 Liability to pay compensation in certain cases on the principle of no fault. - (1) Where death or permanent disability of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. (2) The amount of compensation which shall be payable under sub- section (1) in respect of the death of any person shall be a fixed sum of (fifty thousand rupees) and the amount of compensation payable under that sub-section shall be a fixed sum of (twenty-five thousand rupees)".
(3.) THUS keeping in view the aforesaid provisions of the Amended Act, the claimant is entitled to a sum of Rs. 50,000/- + 48,000/- = Rs. 98,000/- (rounded as Rs. One Lakh), for the death of Bakshi Ram, deceased.;