PRITPAL KAUR Vs. D T C

JUDGEMENT

(1.) This is an appeal by the legal representatives of deceased Darshan singh for enhancement of compensation. The Claimants had claimed the compensation of Rs. 2,00,000.00 but the Tribunal awarded only a sum of Rs. 57,337.00.

(2.) The accident took place on 10.11.1972 on Najafgarh Road. The deceased Darshan Singh was driving the scooter number DHO 6865 Near Sant Pura on Najafgarh Road a DTC. bus number DLP 1740 hit the deceased. As a result of the accident Darshan Singh died. On behalf of the claimants a number of eye-witnesses had appeared. No evidence was produced by the respondent D.T.C. I have been taken through the evidence on record and I am satisfied that the Tribunal has correctly recorded the finding regarding the negligence of the D.T.C. bus in question, namely, that the accident was caused because of the rash and negligent driving of the said bus. Darshan Singh died because of the injuries received by him in the said accident.

(3.) At the time of his death Darshan Singh was 40 years old. He was working as a driver in D.T.C. and was earning at the rate of Rs. 392.00. The deceased is survived by his widow and six children out of which five were daughters and one was son. At the time of the death of Darshan Singh four of them were minors. As of today, two daughters are married. Although the Tribunal held that the expectancy of life of the deceased would have been 65 years, the Tribunal applied the multiplier of 18. The safer way of avoiding any speculation on this account is to work out the compensation on the basis of the remaining years of the service of the deceased. It is an admitted fact that the age of retirement of the drivers in D.T.C. is sixty years. The compen- sation shall, therefore, be worked taking 20 as a multiplier. The Tribunal has also erred in not taking into account the rise in the salary due to Third Pay Commission's recommen- dations which became applicable with effect from 1.1.1973. On the basis of Third Pay Commission's recommendations the earnings of the deceased would have been Rs. 420.00 per month. After reducing an amount of Rs. 100.00 per month on account of his personal expenses the compensation works out to Rs. 76.800.00. I am not deducting any amount on account of lump sum payment because I have not taken into account even the normal increments which the deceased would have earned during this period of 20 years. There are some other deductions made by the Tribunal, such as the gratuity amount. This is not permissible in law, and, therefore, no deduction should have been made on this account. The claimants are thus entitled to Rs. 76,800.00 as compen- sation. They shall also be entitled to simple interest at the rate of 9 per cent from the date of application till the date of realisation. The D.T.C. has already paid a sum of Rs. 57,337.00 to the claimants. In working out the additional amount towards compensation and interest the D.T.C. will be entitled to the credit of the said amount of compensation and interest thereon. The D.T.C. shall draw up a cheque for the additional amount of compensation and interest thereon and deposit the same with the Registrar of this court within three months from today. The Registrar shall, after giving due notices to the parties, disburse the said amounts.