CHANDEN Vs. KANWARLAL

JUDGEMENT

(1.) The accident took place on 20/21.11.1967 in which one Sharif died in the accident caused by truck No. DLG 5228. There is no cross-appeal. Therefore, the appeal is limited only to the quantum.

(2.) The deceased was 25 years old at the time of the accident and the claimants are mother, father and the widow. The widow has since been remarried and, therefore, she is not entitled to any compensation. The claimants had claimed Rs. 35,000.00 as compensation while the Tribunal awarded Rs. 5,100.00.

(3.) The Tribunal has rightly come to the conclusion that the deceased was earning Rs. 150.00 per month. The father of the deceased was 60 years old and his mother was 55 years old at the time of the accident. Therefore, the Tribunal was right in taking ten as the multiplier. However, considerir the income of the deceased which was alm the minimum wages at the relevant time, I am not inclined to deduct more than Rs. 50.00per month on the personal expenses. I, therefore, hold that the family was getting Rs. 100.00per month from the deceased. The Tribunal was further wrong in making a deduction of Rs. 900.00 for lump sum payment.