Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the appellants and learned counsel for the respondents.
These three appeals have been filed against the award dated 7.3.2006, rendered by the Motor Accident Claims Tribunal/Additional District & Sessions Judge, Court No.28, Barabanki, relating to the same accident. Hence, with the consent of the parties' counsel, they are decided through the present common judgment.
Brief facts, as emerged from the argument advanced by the learned counsel for the appellants and the record, are that on 6.1.2001, the deceased Rajendra along with his wife Smt. Foolmati and minor female child Seema was going to purchase medicines from medical shop on his cycle. The deceased Rajendra was riding the cycle whereas his wife and daughter Seema were sharing the seat. When the deceased arrived near Rasauli, a Maruti Gypsy No. U.P.- 42-C-3212, bearing board of D.F.O., Faizabad driven rashly and negligently hit the cycle from back side. All the three persons were dragged with the Jeep to a short distance. In consequence thereof, the cycle was crushed and all the three persons succumbed to the injuries at the spot. A First Information Report under Crime No.5/2001, under Sections 279, 304-A, 427 I.P.C. was lodged. The post-mortem was conducted. The dependents of the deceased approached the tribunal for payment of compensation. The tribunal framed three issues - the first relates to the accident dated 6.1.2001 occurred at about 2 O' Clock day time at Barabanki-Faizabad Road, near village Rasauli with Gypsy No.UP 42-C-3212. Issue No.2 relates to rash and negligent driving on the part of the motor vehicle driver.
On behalf of the claimant, Smt. Birja Devi, P.W.1 and Manoj Kumar, P.W.2 appeared and established that the accident occurred 2 because of rash and negligent driving of the vehicle on the aforesaid date and time.
On behalf of the defendants(before the tribunal), O.P.W. 1 Krishna Kumar Pal, driver of the Jeep appeared as a witness. No other witness and the evidence was led by the appellants. From the statement led by the claimants, it has been proved that the accident was occurred because of rash and negligent driving of the Gypsy. One of the features of the case is that the O.P.W.1 Krishna Kumar Pal, has accepted that the accident occurred from his vehicle. He further admitted that he had not sent any information to his department and the police officer. The driver stated that in the said accident, he also suffered injuries and had undergone medical treatment in the hospital but no other evidence was produced or led by the appellants to establish that the driver also suffered some injuries in the accident in question. The evidence on record proves beyond doubt that the accident was occurred on the aforesaid date and time because of rash and negligent driving of the driver of the vehicle.
The deceased was about about 30 years and the compensation has been awarded on the basis of notional income of Rs.15,000/- per year. One third has been deducted for personal expenses and on the basis of net income of Rs.10,000/-, the tribunal has awarded the compensation.
Learned counsel for the appellants has tried to assail the award stating that there is contributory negligence on the part of both side and the accident occurred for no fault of the driver of the vehicle. However, submission of the appellants' counsel does not seem to have supported by the evidence on record.
In view of above, the tribunal has awarded compensation along with 6% interest. Though the notional income should be more than Rs.15,000/- and the interest may be paid on higher rate in accordance with the recent pronouncements but since no cross appeal has been preferred, that aspect of the matter may not be considered.
The award does not seem to suffer from any perversity, impropriety or illegality. The appeals, being devoid of merit, are 3 dismissed. The amount deposited before this Court shall be remitted to the tribunal by the Registry forthwith. Any amount due shall be deposited by the appellants before the tribunal within two months from today which may be paid to the claimants in terms of the award of the tribunal.
Order Date :- 29.1.2010 kkb/