STATE OF HARYANA Vs. SHASHI PRABHA SAXENA

JUDGEMENT

(1.) This is an appeal filed by the State of Haryana against the award of the Tribunal dated 23.7.1981, challenging the findings of the Tribunal in regard to the involvement of its bus No. HYA 703 in the fatal accident resulting in the death of Ram Babu Saxena. Counsel for the parties have taken me through the evidence on record. There are eye-witnesses to the accident. I fully agree with the appreciation of the evidence by the Tribunal and do not find any ground to interfere with it. The appeal of the State of Haryana is, therefore, dismissed.

(2.) There is cross-objection filed by the claimants. The claimants had claimed Rs. 3 lakhs as compensation before the Tribunal while the Tribunal granted Rs. 77,000.00 only. It is submitted by the counsel for the objectors that the Tribunal was wrong in assuming that the dependency of the family was Rs. 500.00 per month only. It is further claimed that the Tribunal was wrong in taking 15 as the multiplier. Counsel for the State of Haryana, however, supports the Tribunal on both these scores.

(3.) Income of the deceased was Rs. 763.95 per month as he was working as Junior Accountant in the Posts and Telegraphs Department. The Tribunal has taken Rs. 500.00 as his contribution to the family. Having considered the evidence on record I find that this finding of the Tribunal is correct. Normally the said amount, as is deducted by the Tribunal, has to be deducted on account of the personal expenses of the deceased. However, I find that the Tribunal has erred in taking 15 as the multiplier. The deceased was 38/39 years old at the time of the accident and would have normally retired at the age of 58. Therefore, the proper multiplier is 20. This brings the compensation to Rs. 1,20,000.00. The widow got the pension at the rate of Rs. 200.00 per month for the first seven years and at the rate ofRs. 100.00 per month for the remaining 13 years. She also got the employment in the department on compassionate grounds. The employment could not have been claimed by her as a right, but the pension, as stated, was claimed as a matter of right. She has actually received that amount. That amount comes to Rs. 32,400.00. This has to be deducted from the total amount of compensation which the family would have got. Thus, the claimants are entitled to Rs. 87,600.00 towards compensation.