GURCHARAN KAUR Vs. RAJA RAM

JUDGEMENT

(1.) One Baldev Singh, 25, was killed in a road accident on 17.6.80 when hit by a tempo. He was unmarried and helping his father in his cycle shop. His parents filed claim petition claiming compensation of Rs. 2.40 lakhs and projected his earning at Rs. 700.00 per month and more if he had survived. Tribunal worked out his dependency at Rs. 200.00 per month and applying a multiplier of 20 to it, awarded compensation of Rs. 48,000.00 with 12% interest made payable by Insurance Company which had pleaded its liability at Rs. 50,000.00 only.

(2.) Appellants felt aggrieved of this and filed FAO No. 131/88 which was dismissed by one word order 26.7.1988. They have this LPA now claiming higher compensation on the ground that income of the deceased at the relevant time was Rs. 700.00 per month and that he would have earned more in future if he had lived, supplementing the multiplicand. It is also urged that a multiplier of 45 ought to have been applied considering that the age of the deceased was 25.

(3.) L/C for appellant has relied upon a Supreme Court Judgment, (1998 ACJ 848) awarding Rs. 1.5 lakhs with 12% interest to the LRs of deceased labourer, and 1998(9) SCC 351, granting Rs.5.00 lakhs in case of a custodial death besides a Division Bench Judgment of H.P. High Court in 1997 ACJ 831 awarding compensation of Rs.5 lakhs to parents of each student drowned while on picnic. Support was also drawn from a judgment of this Court (2000 ACJ 1006) awarding Rs.2.00lakhs to parents of a student who was run over by a vehicle near his school.