G. M. LODHA, J. - (1.) M/s. Ambika Transport Company owner of the truck has filed this appeal against the award of Rs. 5,000/- by the Accident Claim Tribunal, Kota.
(2.) DECEASED Shri Radhey Shyam was employed with Kola District Milk Products Cooperative Society Ltd. , Kota. The truck of the appellant was engaged in the said society for transportation of the milk canes of the society. DECEASED Radheyshyam had been deputed to go to make recoveries of the price of the milk supply and as such on 25. 9. 1974 Shri Radheyshyam had left in the truck of the appellant from village Maya Borkhera for Kola. The said truck RJR 5695 was being driven by the respondent No. 4 Shri Chhotusingh near village Daulat-pura Nayagaon on the Kota Rawat Bhata Road at a distance of about 18 Km from Kota at about 11. 15 A. M. the driver Shri Chhotusingh drove the said truck rashly and negligently on the wrongside of the road and collided the same from the front with Bus. No. RSR 895. Radhey Shyam fell down and ultimately he died. The Tribunal has allowed compensation of Rs. 5,000/-The owner of the truck has filed this appeal and the claimants have filed the cross objections. The owner of the truck has filed the appeal mainly for pressing the claim against the insurance company and the claimants want that the amount of compensation should be increased. So far as the owner of the truck is concerned, his appeal deserves to succeed on the simple point that the deceased was employee of M/s. Milk Producers Cooperative Society and the truck was hired by the company. That being so it cannot be said that the deceased was travelling gratuitously. In view of the judgment of the Full Bench of this Court since the deceased was travelling as an employee of Milk Producers Cooperative Society, the insurance to be liable. Now so far as the appeal of Ambika Transport is concerned it succeeds on the simple ground that deceased Radhey Shyam was employee of the Milk Producers Cooperative Society and the truck was hired by the Milk Producers Cooperative Society and Radhey Shyam was sent by Milk Producer Cooperative Society for realising money. In view of this matter it cannot be said that Radhey Shyam was travelling in the truck gratuitously. Consequently the Insurance Company respondent No. 5 would be liable to pay the amount of the award. Ofcourse, since Radhey Shyam was an employee in the employment of the society therefore the claim for which the insurance company would be liable would depend upon the amount which is permissible under the Workmen Compensation Act, Schedule IV of Section 4 mentions that in case of death where the monthly wages of the workmen are up to 150 rupees, in case of death compensation would be Rs. 13,500/ -. Consequently, I determine the liability of insurance company to be limited to Rs. 13,500/- only.
(3.) NOW so far as the compensation is concerned, the Tribunal has given a perverse finding that Radhey Shyam's death could not result in any pecuniary loss to the family. The reason given is that the business which Radhey Shyam was doing can yet be carried on and therefore, since the wife is carrying on the business where would be no loss. In my opinion it is obvious that the fact that Radhey Shyam was getting Rs. 150/- as income and on account of his death family would have suffered loss also. It is so obvious and patent that it requires no elaboration. Ofcourse looking to the income I determined that the family would be deprived of Rs 50/- per month because the rest of the amount would have been spent by Radhey Shyam on himself. In other words, the compensation which should be allowed for the loss of the benefit of income from the death of Radhey Shyam to the family members would be Rs. 50x12x33= 19,500/- Since the age of Radhey Shyam at the time of death was 20 years and his wife is only 18 years, therefore, 1 have adopted the multiplier of 33 years. Thus the total amount of compensation would be Rs. 19,800/ -. The Tribunal has allowed Rs. 5,000/-as loss of love and affection and 1 confirm it. Thus, the total amount would be Rs. 24,800/ -. The appeal is accepted and so also the cross objections. The claimant would get interest at the rale of 12 per cent from the date of application till the date of realisation, from the appellant. The parties would bear their own costs..;