Ashar Hussain Khan & Anr. Vs. New India Assurance Company Ltd.
EmailAppeal: Civil Appeal No. 6576/2001
(Arising out of SLP (C) 14218/2000)
(Arising out of SLP (C) 14218/2000)
Petitioner: Ashar Hussain Khan & Anr.
Respondent: New India Assurance Company Ltd.
Apeal: Civil Appeal No. 6576/2001
(Arising out of SLP (C) 14218/2000)
(Arising out of SLP (C) 14218/2000)
Judges: S. RAJENDRA BABU & DORAISWAMY RAJU, JJ.
Date of Judgment: Sep 20, 2001
Appearances:
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Head Note:
MOTOR VEHICLES
Motor Vehicles Act, 1988
Sections 164, 167 – Compensation – Deceased earning Rs. 2000/- per month – Tribunal taking into account, impending marriage of deceased – Sum of Rs. 8000/- excluded apart from another amount of Rs. 8000/- supposed to be spent by him upon himself. Held that at the time of death, deceased was not married. Hence, sum could not have been excluded. Award amount doubled to Rs. 1,76,000/- with interest @ 12% per annum. (Paras 3, 4)
JUDGEMENT:
ORDER
1. Leave granted.
2. This appeal arises out of a claim made in a sum of Rs. 10, 27, 500/- with interest at 24% per annum from date of accident till payment before the Motor Accidents Claims Tribunal (for short ‘ the tribunal’) alleging that Suleman Khan – son of the first appellant before us died in an accident caused by rash and negligent driving of a bus near Dcora bridge on Pilibhit-Bareilly Road.
3. After inquiring into the matter, the tribunal found that he was working in a finance company and he had been receiving a sum of Rs. 2, 000/- per month by way of income and no other evidence was produced to show that he was earning income from agriculture or he had any other source of income. The tribunal, however, in calculating the amount that would be contributed by him towards his family felt that the impending marriage of the deceased should also be taken into consideration and thereby excluded a sum of Rs. 8, 000/- per annum and also excluded a sum of Rs.
8, 000/- which would be spent by him on himself. That way the tribunal found that his contribution towards the appellants would only be of Rs. 8, 000/- and awarded a compensation of Rs. 88, 000/- with interest at 12% per annum from date of filing of application. When the award was made in the manner stated above, the matter was carried in appeal to the High Court without success. Hence, this appeal by special leave.
4. At the time of the death, the deceased was not married and therefore, the tribunal ought not to have considered as if he was married. The tribunal ought to have found his contribution towards the family would be at least Rs. 16000/- per annum. Calculated on that basis, the amount awarded by the tribunal would have to be doubled, thereby award of a sum of Rs. 1,76,000/- by way of compensation which will carry an interest at the rate of 12 per cent per annum from the date of the filing of the application before the tribunal, be paid to the appellants. The award made by the tribunal, as affirmed by the High Court shall stand modified to the extent indicated by us. The appeal shall stand allowed in part accordingly. No order as to costs.
1. Leave granted.
2. This appeal arises out of a claim made in a sum of Rs. 10, 27, 500/- with interest at 24% per annum from date of accident till payment before the Motor Accidents Claims Tribunal (for short ‘ the tribunal’) alleging that Suleman Khan – son of the first appellant before us died in an accident caused by rash and negligent driving of a bus near Dcora bridge on Pilibhit-Bareilly Road.
3. After inquiring into the matter, the tribunal found that he was working in a finance company and he had been receiving a sum of Rs. 2, 000/- per month by way of income and no other evidence was produced to show that he was earning income from agriculture or he had any other source of income. The tribunal, however, in calculating the amount that would be contributed by him towards his family felt that the impending marriage of the deceased should also be taken into consideration and thereby excluded a sum of Rs. 8, 000/- per annum and also excluded a sum of Rs.
8, 000/- which would be spent by him on himself. That way the tribunal found that his contribution towards the appellants would only be of Rs. 8, 000/- and awarded a compensation of Rs. 88, 000/- with interest at 12% per annum from date of filing of application. When the award was made in the manner stated above, the matter was carried in appeal to the High Court without success. Hence, this appeal by special leave.
4. At the time of the death, the deceased was not married and therefore, the tribunal ought not to have considered as if he was married. The tribunal ought to have found his contribution towards the family would be at least Rs. 16000/- per annum. Calculated on that basis, the amount awarded by the tribunal would have to be doubled, thereby award of a sum of Rs. 1,76,000/- by way of compensation which will carry an interest at the rate of 12 per cent per annum from the date of the filing of the application before the tribunal, be paid to the appellants. The award made by the tribunal, as affirmed by the High Court shall stand modified to the extent indicated by us. The appeal shall stand allowed in part accordingly. No order as to costs.
