KULWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 5.1.1995, passed by the Motor Accident Claims Tribunal, Roopnagar, which awarded a sum of Rs. 1,31,600/- besides Rs. 700/- as costs, in all Rs. 1,32,300/-. The matter was sent to the Lok Adalat, which recommended the award of Rs. 1,92,940/-. The State is not satisfied with the proposal of the Lok Adalat and has prayed that the matter may be disposed of on the judicial side.

(2.) IN this case, Zora Singh died. He was a daily wager. The evidence has come that he was earning Rs. 40.52 per day. Since, he was a daily wager, it is just possible that on all 30 days in a month, he may not get the work, so his average earning capacity is taken for 25 days. In this manner, his total income is taken as Rs. 1,000/- per month, and the dependency of the claimants is calculated at Rs. 8,400/- per annum. In this case the multiplier of 18 may be applied because the deceased was a young man of 25 years.

(3.) LET intimation about the passing of this order be sent to the counsel Mr. M.P.S. Mann. Appeal partly allowed.