1. Heard Sri Amit Kumar Sinha, learned counsel for appellant-claimant and Sri Mrityunjay Dutta Tiwari, learned counsel for respondent-insurance company.
2. This appeal is filed by the claimant being aggrieved of award dated 31.05.2013 passed by learned Motor Accident Claims Tribunal/Additional District Judge (X-Cadre) Court No. 20, Allahabad in Claim Case No. 20 of 1994, on the ground that learned claims tribunal has arbitrarily exonerated the owner and insurer of the offending vehicle, on the ground that factum of negligence of the driver of the offending vehicle could not be proved by the claimant witnesses.
3. Learned counsel for the appellant submits that accident took place at about mid night of 18/19.10.1993, FIR was promptly lodged against the offending vehicle on 19.10.1993, postmortem was conducted on the body of the deceased and several anti-mortem injuries were found on his body. Chargesheet was filed against the driver of the offending vehicle namely, Gopal s/o Brijwasi Lal. It is further submitted that no complaint was lodged either with the superior police officers nor filing of the chargesheet was challenged before the court of any competent jurisdiction. It is submitted that owner of the offending vehicle did not examine himself nor bother to examine Gopal before the learned claims tribunal. Under such facts and circumstances, when there is prompt FIR, then merely on the basis of surmises and conjunctures, tribunal was not justified in rejecting the claim petition.
4. Sri Mrityunjay Dutta Tiwari supports the award and submits that there is no infirmity in the award calling for any interference.
5. After hearing learned counsel for the parties and going through the record, it is evident that there is prompt FIR in the matter. It has come on record that deceased was a 'pujari' for the relevant period, minimum wages for 'pujari', who can be treated to be a semi-skilled labourer were to the tune of Rs. 880/- (eight hundred eighty rupees) per month or Rs. 10,560/- (ten thousand five hundred sixty rupees) per annum. Deceased is survived by three persons, therefore, 1/3rd deduction is to be made, taking annual dependency to Rs. 7,040/- (seven thousand forty rupees). There will be an addition of 25% towards future prospects, taking annual dependency to Rs. 8,800/- (eight thousand eight hundred rupees). As per the postmortem report, age of the deceased is mentioned as about 40 years, therefore, multiplier of 14 will be applicable, taking total compensation to Rs. 1,23,200/- (one lakh twenty three thousand two hundred rupees). Besides this, claimant will be entitled to a sum of Rs. 7,500/- (seven thousand five hundred rupees) under the head of non-pecuniary compensation, taking total compensation to Rs. 1,30,700/- (one lakh thirty thousand seven hundred rupees). Since, matter is of the year 1994 and it has come on record that claim petition was dismissed in between and there is apparent delay on the part of the claimant, therefore, she will be entitled to interest @ 7% per annum, only for a period of 7 years.
6. In above terms, appeal is disposed off. Lower court record be sent back forthwith. Amount of Rs. 50,000/- (fifty thousand rupees) awarded by learned claims tribunal under no fault liability will be adjusted against the amount awarded now.
Order Date :- 19.2.2021 Vikram/-