BALDEV KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants are aggrieved by the quantum of compensation assessed by the M.A.C.T. vide its order dated 6.4.1989.

(2.) By the impugned award it has been held that on the intervening night of 13/ 14.2.1981 the deceased Sardar Singh who was travelling on a two-wheeler scooter died as a result of an accident occasioned by the rash and negligent driving of bus No. HYA 8128 belonging to respondent Nos. 1 and 2, driven by respondent No. 3.

(3.) In determining the compensation in the sum of Rs. 96,000, Tribunal held that keeping in view the fact that age of the deceased was 50 years, multiplier of 10 was appropriate. Deceased was self-employed, manufacturing machines on contract basis for different companies, it was held that since the deceased was not assessed to income tax, income would be less than the taxable limits and was taken at Rs.1,200-1,300 per month. Since the income above Rs. 15,000 per annum was liable for tax in the year 1981. After deducting, what according to the Tribunal would have been spent by the deceased on himself, dependency of appellants was taken at Rs. 800 per month. In this manner, total compensation assessed was Rs. 96,000. Of the awarded amount, appellant No. 1 aged 47 years was granted Rs. 60,000 and the remaining sum of Rs. 36,000 was apportioned amongst appellant Nos. 2 to 4 being the children of the deceased.