R.K. Varma, J.
1. This is an appeal by Madhya Pradesh State Road Transport Corporation and its Depot Manager, against the award dated 3-8-1981 passed by the Motor Accident Claim Tribunal, Ujjain in Claim Case No. 31 of 1978 whereby the learned Tribunal has awarded compensation of Rs. 13,000/- with interest at 6% per annum from the date of the claim application till payment to the claimants who are the parents of the deceased Rampyare who died as a result of the accident caused by the bus belonging to the appellant. A cross objection has also been filed by the respondents claimants for enhancement of the amount of compensation awarded by the Tribunal.
2. The learned Tribunal after considering the entire evidence on record found that on the date of incident i.e. 6-3-1978 the accident occurred due to rash and negligent driving of the bus by respondent No. 3 the driver of the bus no. MPG 9766 belonging to the appellants and Rampyare died as a result of that accident. For determining that amount of compensation payable to the claimants the learned Tribunal assessed the value of dependency at Rs. 100/- per month and on that basis awarded Rs. 10,000/- as compensation since in the opinion of the Tribunal the interest available to the claimants on a deposit of Rs. 10,000/- would be Rs. 100/- per month. In addition the learned Tribunal awarded Rs. 3,000/- as compensation for mental shock to the claimants who are parents of the deceased, Thus, a total sum of Rs. 13,000/- has been awarded by the Tribunal.
3. Learned Counsel for the appellants has raised a contention only on the question of quantum of compensation. He has, however, no objection to the amount of Rs. 10,000/- awarded on the basis of loss of dependency as determined by the Tribunal but he contends that the amount of Rs. 3,000/- which has been awarded by the learned Tribunal on account of mental shock to the claimants could not have been legally awarded. It is his contention that the compensation for pain and suffering could be awarded to the injured and not to the surviving dependents.
4. In the instant case Rampyare, the victim of the accident, died on the spot instantaneously as a result of the accident and as such no amount of compensation for pain or suffering to the injured would have been payable to the injured and as such no right of claim on the score could have devolved on the surviving claimants. In a recent decision of the Supreme Court in N. Sivammal and Ors. v. The Managing Director, Pandian Roadways Corporation and Anr. : AIR1985SC106 the amount of compensation on the count of pain and suffering was awarded to the surviving dependent because the injured had survived for 19 days after the accident before he ultimately succumbed to the injuries and compensation was held admissible for pain and suffering suffered by the deceased. But the present case in one of instantaneous death without any period of pain and suffering to the deceased so as to give rise to a right of claim on that score. In the circumstances we are of the opinion that the Tribunal has committed an error in awarding Rs. 3,000/- on the consideration of mental shock to the dependents consequently. The award is liable to be modified by reducing the same by an amount of Rs. 3,000/-. The claimants would therefore, be entitled to compensation of Rs. 10,000/- instead of Rs. 13,000/-.
5. In the result, this appeal is partly allowed and the cross-objection is dismissed. The award of the Tribunal is modified inasmuch as the amount of compensation payable to the claimants would be Rs. 10,000/- with interest at the rate of 6% per annum with effect from 4-9-1978 which the date of claim application. There shall however, be no order as to the costs of this appeal.