LAKSHMAN Vs. SUSHEEL CHAND CHOUDHARY

JUDGEMENT

(1.) the deceased was aged 19 years. He was a pre-university student. While he was proceeding on the bicycle on 9-8-1989 at about 8-55 a.m., a goods lorry bearing registration No. Adt 5495 driven in a rash and negligent manner came from behind and dashed against the cycle. The lorry ran over the deceased who died at the spot. The claimants are his parents and his minor sister.

(2.) the mother of the deceased i.e., the second appellant has given evidence as P.W. 1. In her evidence she has stated that her son was earning while studying and he was bringing home Rs. 600/- per month by giving private tuition. She has deposed that the deceased had the desire to do postgraduation, in which event he would have contributed not less than Rs. 1,500/- per month for the maintenance of the family. On that basis, the claimants claimed Rs. 4,50,000/- for loss of dependency. A sum of Rs. 10,000/- was claimed for loss of estate; an amount of Rs. 5,000/- for funeral expenses and Rs. 25,000/- for loss of love and affection. In addition, they claimed a sum of Rs. 1,000/- for the damage caused to the cycle. In all they claimed a total compensation of Rs. 4,91,000/-, with interest at the rate of 12% from the date of petition till the date of realisation.

(3.) the tribunal has assumed "a nominal sum of Rs. 250/- per month" for the value of "the service" the deceased would have rendered to his parents. The tribunal has adopted 16 as multiplier. On that basis, a sum of Rs. 48,000/- is determined for loss of dependency. The tribunal has found that the claim of Rs. 3,000/- towards funeral expenses said to have been incurred by the parents, as deposed to by P.W. 1, is exorbitant. The tribunal has awarded Rs. 1,000/- towards funeral and other expenses incidental thereto. The tribunal has awarded Rs. 900/- for the damage caused to the cycle. Thus, a total sum of Rs. 50,000/- is awarded by the tribunal.