HARBHAJAN KAUR Vs. PUNJAB STATE

JUDGEMENT

(1.) THE present appeal has been filed by Harbhajan Kaur and two others directed against the award of the Motor Accident Claims Tribunal, Jalandhar, dated 23.3.1985. By virtue of the impugned award, the learned Tribunal awarded compensation in the sum of Rs. 77,000/- to the appellants. Harbhajan Kaur was entitled to receive Rs. 47,000/- on her behalf and Rs. 15,000/- each or behalf of appellants No. 2 and 3. The said amount was to be deposited in the fixed deposit account of each of the appellants within a week of its withdrawal with any scheduled bank. But she was entitled to receive the interest accruing on the said fixed deposit accounts of the minor claimants during their minority period and she would undertake to spend the said amount of interest of their upkeep, education and welfare. It was directed that in case the respondents did not pay or deposit the amount of compensation within two months, the appellants shall be entitled to receive the interest at the rate of 12% per annum from the date of filing of the petition till realisation.

(2.) THE relevant facts are that Gurmukh deceased was the husband of appellant No. 1 and father of appellants No. 2 and 3. He was working as a carpenter at Sura-Nusi with M.E.S. On 26.5.1985 at 10.00 a.m. near Janta Colony on Jalandhar-Kartarpur road in the area of Sura - Nusi. The deceased was going to join his duty along with other cyclists. They were going on the left side of the road. A Punjab Roadways Bus bearing registration No. PUQ 1202 driven by Jasbir SIngh respondent came from the rear side. It first struck against the cycle of Kidar Nath who fell on the Katcha berm of the road and then Gurmukh Singh deceased was crushed underneath the bus. He died at the spot. It was claimed that he died due to rash and negligent driving of respondent No. 3. Respondents No. 1 and 2 being employers were arrayed as respondents. Compensation of Rs. 4,00,000/- was claimed.

(3.) THE Motor Accident Claims Tribunal held that respondent No. 3 was driving the vehicle in a rash and negligent manner. It was further held that the deceased was drawing a salary of Rs. 790/- per month. His carry home salary was Rs. 663/-. the learned Tribunal awarded Rs. 100/- for looking after his old father and held that Rs. 400/- would be given by the deceased to the appellants for their monthly expenses. The multiplier of 16 was applied. Accordingly, compensation in the sum of Rs. 77,000/- was awarded details of which have already been given above.