CHANDER KANTA Vs. HARYANA STATE

JUDGEMENT

(1.) The matter was earlier referred to the Lok Adalat, which proposed a sum of Rs. 2,59,00/ -, which should be paid by the respondents to the appellant. This proposal was given by the Lok Adalat on 30.10.2000. Learned counsel for the State sought time to get consent of the State Transport Commissioner, to effect a compromise. Resultantly, the matter was adjourned.

(2.) Today I have heard the counsel for the parties and gone through the record of this case and am of the opinion that this appeal can be disposed of by the High Court itself after going through the facts and circumstances of the case.

(3.) The claim petition was filed by Chander Kanta widow of Daya Ram (deceased), who was aged 56 years and he died in a vehicular accident, which took place on 19.4.1985. He was working as Branch Manager, State Bank of India, and was drawing salary of Rs. 4,066/ - per month. He left behind his widow, who is the claimant, besides a daughter of marriageable age and it is also the common case of the parties that after the death of Daya Ram, the appellant married her young daughter. Since, the deceased was earning Rs. 4,066/ -, therefore, the dependency of the claimant and the young girl has been rightly assessed at Rs. 2,700/ -per month. The Tribunal applied the multiplier of four years and also imposed a cut of 20%. The deceased was 56 years of age at the time of his death. He was to serve the Rank till the age of 58 years. Therefore, of the initial stage, the multiplier of two ought to have been applied. The post of the deceased was pensionable. Daya Ram would have received the pension and then he would have looked after his family members, i.e. appellant and his young daughter. The appellant and her young daughter have been deprived of the benefits which would have received from the pension of Daya Ram. Daya Ram would have survived up to 65 years of age in the normal circumstances.