URMILA DEVI Vs. JEET SINGH

JUDGEMENT

(1.) THE appellants seek enhancement of the compensation awarded to them by the Claims Tribunal by its award dated 14.09.1989. THE brief facts relevant for the disposal of the appeal are that the deceased Dev Karan was sitting on the pillion seat of a motor cycle bearing No.HRP 3706, which was hit by a truck being driven rashly and negligently, as a result of which Dev Karan sustained fatal injuries. He was survived by his widow, three children and parents, who instituted a claim petition claiming compensation for his untimely death from the respondents No.1 to 4 ? the respondent No.1 being the driver of the alleged offending truck, the respondents No.2 and 3 being the owners thereof and the respondent No.4 being the insurance company with which the said truck was insured.

(2.) THE learned Claims Tribunal, while deciding the issue pertaining to the amount of compensation to which the appellants were entitled held that, on the evidence adduced by the appellants it stood proved on record that the total emoluments of the deceased, who was an employee of DESU, were about ` 720/- per month. After making an allowance for the amount that the deceased would have spent upon himself and keeping in view the principles laid down by the Full Bench in the case of Lachman Singh vs. Gurmit Kaur 1979 ACJ 170 (Punjab and Haryana), the dependency of the appellants was assessed at the rate of ` 600/- per month. Further, in view of the fact that the deceased Shri Dev Karan was about 33 years of age, the multiplier of 16 was applied by the Claims Tribunal and the total compensation assessed to be in the sum of ` 1,15,200/-, i.e., ` 600/- x 12 x 16. THE appellants were accordingly held entitled to the aforesaid amount with interest @ 12% per annum from the date of the filing of the petition till its realization.

(3.) APART from the aforesaid amount of pecuniary damages, the appellants are held entitled to a sum of ` 2,500/- for loss of consortium, another sum of ` 2,500/- towards loss of estate and the sum of ` 2,000/- towards funeral expenses, in all a sum of ` 7,000/- towards non-pecuniary damages. Thus, the total compensation works out to ` 1,62,520/- (that is, ` 1,55,520/- plus ` 7,000/-) alongwith interest @ 12% per annum. The enhanced amount of compensation shall be paid by the Insurance Company to the appellants within 30 days from today by depositing the aforesaid amount with the Registrar General of this Court.