SAVITA DEVI Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) THIS matter has come up before me as a third judge for deciding the following point of law due to difference of opinion between the constituent judges of Division Bench :- "What should be the ratio of apportionment of amount of compensation between the legal heirs of the deceased, whether under the law any straight-jacket formula can be adopted or whether the question of determination of ratio would depend upon the various other facts and circumstances of a particular case like; age, dependency, size of the family and the need ?

(2.) RELEVANT facts, in short, are that the husband of claimant No. 1 /appellant, namely, Mukesh Singh died at the age of 26 in an accident with tanker number DN09/9433. He received severe injuries and consequently died. Claimants, who were widow [Claimant No. 1 ], parents [Claimants no.2 and 3] and brothers of the deceased [Claimants No.4 and 5], submitted a joint claim petition under Section 166 of the Motor Vehicles Act, 1988. Despite opposition, the Claims Tribunal on the basis of the evidence on record passed the award to the tune of Rs.5,52,000/- in favour of the claimants in equal proportion.

(3.) IN view of the aforesaid difference of opinion, the question of law mentioned hereinabove has been referred to me as third judge.