SHIELA DEVI Vs. JAGIR SINGH

JUDGEMENT

(1.) Om Parkash, whose widow and daughter have filed this appeal for enhancement of compensation, died on 5th February, 1966, near Kela Godown, Qutab Road, in a road accident caused by truck No. MPH 6094. The Tribunal has awarded a sum of Rs. 24,580.00 towards compensation payable by respondent No. 3, the insurance company.

(2.) The cross-objection is filed by respondent No. 2, the owner of the truck and respondent No. 3, the insurance company. They have filed a joint written statement, challenging the award on merits and also raising a plea of contributory negligence. It is strange that a common written statement is being filed by the respondent No. 2 as well as by the insurance company. This is because the insurance company is not entitled to raise any plea on merits and has to honour the award passed on merits against the owner under section 96 of the Motor Vehicles Act. At the time of the hearing the counsel appearing for the said respondent could not justify the pleas raised in the cross-objections. Counsel was fair enough not to press them. Therefore, the cross-objections filed by the respondent Nos. 2 and 3 are rejected.

(3.) Om Parkash was 29 years old at the rime of accident. He was running a shop selling shoes and chappals. Public witness s 1 and 2 who have their shops adjacent to the shop of the deceased have stated in their evidence that the deceased was earning about Rs. 500.00 to Rs. 600.00 per month. It is also stated in the claim petition that he was paying income-tax. The deceased was survived by a widow and daughter as well as mother and father. It appears that the mother and father expired during the pendency of the proceedings. The Tribunal has taken the income of the deceased at Rs. 300.00.P.m. and his contribution to the family at Rs. 75.00 per month. The Tribunal has applied multiplier of 32 and awarded compensation of Rs. 24,580.00.