NEW INDIA ASSURANCE CO. LTD Vs. S. RAMULAMMA

JUDGEMENT

(1.) LORRY bearing No. APT 5045 belongs to Mohd. Jahangir, 1st respondent in the O.P. The 2nd respondent Mogili Narsimlu drove the vehicle on the date of the accident, i.e., on.9.6.1981. The lorry was insured with the New India Assurance Co. Ltd., and Exh. 3 -1 is the policy. The lorry was placed by the owner at the disposal of the District Collector for the use in the Panchayat Samithi elections. The Government delegated Mr. Harbhagwan Singh, counsel for the Haryana Urban Development Authority to put forth the plea of limitation against the claimant, in so far as this respondent was concerned on the ground that the Haryana Urban Development Authority had been impleaded as a party after the period of limitation for the filing of the claim application had expired. This is indeed a contention devoid of merit. The record would show that no such objection was pressed before the Tribunal and at any rate, once it was impleaded as a party, it will be deemed that it was impleaded with effect from the date of the claim application which was admittedly filed within time.

(2.) TURNING now to the quantum of compensation payable to the claimant, the record shows that the mother, Birinder Kaur, was about 45 years of age when her son Harpreet Singh was killed in this accident and further that her circumstances were such that had he lived she would have been dependent upon him. Harpreet Singh deceased was only 22 years of age when he died. There is ample evidence to show that he was both a good student and a sportsman. After graduation, he was studying Law at the Punjabi University, Patiala. It is reasonable to assume, therefore, that he had good prospects for gainful employment, whether in the legal profession or in some other field. He would have completed his Law studies in another year or so and in all likelihood would have started earning too by another two years.

(3.) THE compensation payable to the mother Birinder Kaur Manshahia is accordingly hereby enhanced to Rs. 1,00,000/ - which she shall be entitled to along with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded. Respondent Nos. 1 and 3 shall jointly and severally liable for the compensation awarded.