Ram Wati & Ors. v. Laksh Bhure & Ors.

1. The appellants have challenged the award dated 13th August 2019 whereby compensation of Rs.13,14,410/- has been awarded to the appellants.

2. On 17th August 2017, the deceased along with his son, Vijay Gupta were going on his motorcycle bearing No. DL 3S CC 0987 towards Faridabad and they were hit by Hyundai Magna i20 car bearing No. DL 12CE 7800 near Gate no.2, Karni Singh Shooting Range, Tughlakabad which was coming from the opposite direction. The accident resulted in the death of Vishwanath Gupta and injuries to Vijay Gupta. Two separate claims petitions were filed before the Claims Tribunal. 2020:DHC:1128

3. The deceased was aged 52 years at the time of the accident and was survived by his widow, four sons and one daughter who claimed compensation. The deceased was working as a contractor in paints and polish business. It was claimed that the deceased was earning Rs.30,000/per month.

4. The Claims Tribunal took the income of the deceased as Rs.22,476/per month, added 15% towards future prospects, deducted 1/4th towards his personal expenses and applied the multiplier of 11 to compute the loss of dependency as Rs.25,58,820/-. The Claims Tribunal awarded Rs.40,000/towards loss of consortium, Rs.15,000/- towards loss to estate and Rs.15,000/- towards funeral expenses. Total compensation awarded is Rs.26,28,820/-. The Claims Tribunal held the deceased to be contributory negligent to the extent of 50% and deducted 50% towards contributory negligence and reduced the compensation to Rs.13,14,410/-.

5. Learned counsel for the appellants urged at time of the hearing that the accident occurred due to the negligence of the driver of the Hyundai car which came on the wrong side of the road and hit the deceased who was driving the motorcycle on the left side of the road.

6. Reference is made to the site plan prepared by the police at page 50. The site plan clearly shows that the Hyundai car came on the wrong side of the road and hit the deceased at point ‘A’. The impact of the accident was so severe that the motorcycle was dragged for a considerable distance upto point ‘B’. It is submitted that the witness, Vijay Gupta appeared in the witness box and deposed that the accident occurred due to the sole negligence of the driver of the Hyundai car. There was no rebuttal evidence by the respondents. The police registered FIR (at pages No.43-44) against the driver of the car. It is submitted that the Claims Tribunal has not considered this aspect at all in para 29 of the award.

7. There is merit in the submissions made by learned counsel for the appellants. The negligence of the driver of the Hyundai car is clear from the FIR as well as the site plan prepared by the police. The appellants duly proved the negligence of the driver of the car by examining the eye witness, Vijay Gupta. There is no rebuttal to the aforesaid evidence. The contrary findings of the Claims Tribunal of contributory negligence are erroneous and are hereby set aside.

8. The appeal is allowed and the award amount is enhanced from Rs.13,14,410/- to Rs.26,28,820/- along with interest @ 9% per annum. The enhanced award amount be deposited by respondent No.3 with the Registrar General of this Court within four weeks.

9. List for disbursement of the enhanced award amount on 03rd April,

2020.

10. The appellants shall remain present in Court on the next date of hearing along with the passbook of their savings bank accounts near the place of their residence as well as PAN card and Aadhaar card. The concerned banks of the appellants are directed not to issue any cheque book or debit card to the appellants and if the same have already been issued, the banks are directed to cancel the same and make an endorsement on their passbooks to this effect. The appellants shall produce the copy of this order to the concerned bank, whereupon the bank shall make an endorsement on the passbooks of the appellants that no cheque book and/or debit card shall be issued to the appellants without the permission of this Court. However, the concerned bank shall permit the appellants to withdraw money from their savings bank account by means of a withdrawal form. Appellants shall produce the original passbooks of their individual savings bank account with the necessary endorsement on the next date of hearing.

11. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master. J.R. MIDHA, J. FEBRUARY 17, 2020 dk