PANWAR, J. - (1.) THIS appeal is directed against the Judgment and Award dated 15th Feb. 1993, passed by the learned Motor Accident Claims Tribunal, Jodhpur, (in short "the Tribunal") in Motor Accident Claims case No. 194/1990 whereby the Tribunal passed an Award of Rs. 70,000/- including interest in favour of the appellant-claimants.
(2.) BRIEFLY stated the facts, out of which, this Appeal has arisen, are that a Claim Petition was filed by the appellant- claimants against the respondents, claiming compensation under various heads for a sum of Rs. 15,22,000/ -. The case of the appellant claimants, is that on 4. 9. 1990 at about 1 P. M. while deceased Seema along with her younger sister Kum. Asha were proceeding on Luna Moped No. RNQ 1988, they were on the Ratanada Bazar Road, Jodhpur, at the relevant time, a truck bearing No. UHM 2081 came from behind being driven rashly and negligently by its driver respondent No. 1, Virendra Singh, hit the Luna and its riders, resulting thereby that by this accident Smt. Seema aged 29 years succumbed to injuries instataneously and Kum. Asha sustained various injuries. The respondent No. 1 is owner of the truck and the said truck at the relevant time was insured with the respondent No. 3. Appellant No. 1, who is a Major in Army, is the husband of deceased Seema, appellant No. 2 is the minor son aged about 10 months at the relevant time, appellant No. 3 is the daughter of the deceased, aged about 6 years and appellant No. 4 is the mother-in-law of the deceased. (for short `the claimants' ). The case of the claimants as set-up before the Tribunal was that the deceased Seema, was educated at Convent and she was well qualified. She was having Degree of Bachelor of Arts and also passed M. A. (Pre.) and wanted to take further education. Since her husband was on field-duty in Army as commissioned officer in the rank of Major, therefore, she came to Jodhpur to stay with her parents for the short period. Prior to coming to Jodhpur, she was employed as a Teacher at Model School, Shambha in Jammu & Kashmir but she left the job in order to settle at Massoorie, therefore, she applied for the job on 4. 7. 1990 with South Indian Coffee House, Massoorrie (U. P. ). On her application dated 4. 7. 1990, she was offered the job and appointed as Manager in South Indian Coffee House, Massoorrie with effect from 1. 10. 1990, on a fixed monthly salary of Rs. 1,500/- and the said appointment was subject to the condition that she was to join duty by October 1, 1990 but her tragic death resulted due to aforesaid accident on 4. 9. 90, she could not take up the job. It was also the case of the claimants that she was looking after house hold affairs and minor children and as such, she used to render services of house hold. In all, the claim was led for Rs. 15,22,000/- on various heads. The Tribunal vide Judgment and Award impugned came to the conclusion that the aforesaid accident was the result of rash and negligent driving of Truck by Respondent No. 2. The Tribunal, while deciding the issue of quantum of compensation i. e. Issue No. 2, has assessed and awarded a sum of Rs. 70,000/- including consolidated interest in favour of the claimants. Dis-satisfied and feeling aggrieved by the amount of compensation awarded by the Tribunal, appellant-claimants filed this appeal for enhancement of award.
(3.) IN para No. 10 of the claim petition, the claimants have pleaded the basis for awarding compensation wherein it was specifically pleaded that the deceased Seema was of 29 years of age and she was educated at convent and passed the Degree of Bachelor of Arts in Home Science. Prior to coming to Jodhpur, she was employed as a Teacher in Model School, Shambha (J & K) but subsequently, she left the job and thereafter she applied for job with South INdian Coffee House, Massoorrie, where she was offered a job for a fixed salary of Rs. 1,500/- per month. IN support of this, document Ex-1 appointment order, issued by the prospective employer of the South INdian Coffee House, Massoorrie, was placed on record. The compensation for loss of company and consortium, love and affection, mental agony, loss of income for remaining span of period of deceased were claimed as pleaded in the claims petition. In support of the case P. W. 1 Major M. D. Thapliyal, the claimant, and P. W. 2 Kum. Asha were examined. P. W. 1 is husband of the deceased stated in his statement that his wife Seema was 29 years of age when she met with the accident. He has one minor son of 2 years and 8 months and daughter of 7 years (on the date of his statement recorded i. e. 21st July 1992 ). His marriage with Seema was solemnised on 26th Jan. 1983 and thereafter they have been living together at his posting place and his wife used to under-take the job of teaching in private schools. Lastly she was engaged as a Teacher at Shambha (J & K) in July 1990 and thereafter since he was posted to field duty area, therefore, his wife came to Jodhpur but they have decided to settle at Massoorrie, therefore, she applied for job and ultimately she was appointed vide Ex. 1 at South Indian Coffee House, Massoorrie. He also stated that his wife was graduate in Home-science. The statement of claimants remains un-controverted, so much so, the respondents did not lead any evidence in rebuttal. This evidence was not relied on by the Tribunal for the reason that no witness from said Coffee House was produced but the Tribunal, while determining the loss on account of house hold services rendered by her, a sum of Rs. 20,000/- was assessed and awarded. He further awarded a sum of Rs. 15,000/- for loss of company and consortium and Rs. 30,000/- to both the children i. e. appellant No. 2 and 3, on account of loss of love and affection and a sum of Rs. 2,000/- were awarded as funeral expenses. And as such, total compensation computed by the Tribunal to the tune of Rs. 67,000/- and a sum of Rs. 3,000/- awarded as consolidated interest and as such, in all the Tribunal awarded a sum of Rs. 70,000/- as compensation. I have heard the learned counsel Shri Rakesh Sinha appearing for Mr. R. P. Dave, for the appellant claimants and Mr. S. K. Mathur for Respondent No. 3. ;