RAJ KUMAR
Ranchi, July 21: The Motor Accident Claim Tribunal here has ordered a compensation of Rs 36.58 lakh to the kin of a sweets trader eight years after he was mowed down by a school bus.
The accident had taken place on September 11, 2015 at Ancillary Chowk. The order came eight years after the accident on July 7 last and was uploaded to the website today.
A sweet shop owner Arun Kumar @ Arun Prasad had died in the accident. He was 48 yr old at the time of the accident. The accident took place when Kumar was on way to his house from his sweet shop on a motorbike. There was a head -on collision between a bus, which had been hired by Bridgeford School, Tupudana, and motorbike. The bus driver was Raju Munda.
The tribunal ordered bus owner Krishna Mohan Singh to give compensation to the victim’s family through the tribunal. “……..O.P. No. 1, Krishna Mohan Singh owner of bus bearing registration No. JH-08C-1730, to make payment of Compensation amount /- of Rs.36,38,195/- through transfer in the account of MACT, Ranchi or through transfer of Award amount in the account of claimant No.1, Padmawati Devi, the widow of the deceased victim. The owner makes a total payment within 30 days from the date of this Award. In light of the directions of Hon’ble Apex Court in Dharmpal & Sons Versus U. P. State Road Transport Corporation 2008 (4) JCR 79 SC the claimants are entitled for interest @ 7.5% per annum on the Award amount, however there has been substantial delay in the proceedings on part of the claimants, thus interest on award amount is payable from the date of settlement of issues i.e. 24.04.2018 till its realization..” the order reads.
Singh confirmed the order saying he will challenge the order before the Jharkhand High Court as the claim tribunal did not consider all the facts presented by him.
“There was a head on collision but the tribunal did not involve the insurance company which had insured the bike involved in the accident. Apart from this, my bus was not on regular service at the school. It was a spare bus used on the demand of the school due to breakdown of the school’s regular bus,” Singh said.
Arvind Kumar Lall who had filed the claim of Rs one crore on behalf of victim’s family before the tribunal said the most unfortunate part in the case remained the non-appearance of the school, which had hired the bus without examining the competence of the transporter, insurance cover and ability of the driver to drive the school bus.
“During the hearing, the school management did not appear and the tribunal has observed the same in its judgment saying ………..O. P. No. 2 namely Bridgeford School did not appear even after valid service of summons through Nazarat, therefore, the case has been processed for ex parte against him vide order dated 11.12.17….” he said, adding that during the hearing it came to the fore that ‘the bus was insured only a day after the accident.’ Apart from this, according to eyewitnesses, the accident was the result of rash and negligent driving.
Asked how the tribunal decided the claim, advocate Lall said considering his 48-year age and annual income of Rs 7 lakh.
“The victim died leaving behind his widow two daughters and son and four dependents. That as per Law laid down by the Hon’ble Supreme Court in Sarla Verma’s case 1/4th of his income is to be deducted for his personal and living expenses which equals to (1/4th of Rs.3,68,020/- = Rs.92,005/-, after its deduction remaining amount equals to [Rs.3,68,020/- ) (-) Rs.92,005/-] = Rs.2,76,015/-. As per the Law laid down by the Hon’ble Supreme Court in Sarla Verma’s case according to age of the deceased, about 48 years multiplier applicable is 13. After applying multiplier, loss of dependency for death of the deceased calculated amount Rs.2,76,015/- X 13 = Rs.35,88,195/-. Further applicants are entitled for General Damages of amount Rs. 15,000/- under the head of “Funeral Expenses”, amount Rs. 15,000/- under the head of “Loss of Estate” & amount Rs. 40,000/- under the head of “Loss of Consortium”. Total compensation amount 20 equals Rs.35,88,195/- + Rs. 15,000/-+ Rs.15,000/-+ Rs. 40,000/-= Rs.36,58,195/- for which applicants are entitled and payable to the claimants,” Lall said quoting the order.
