STATE OF PUNJAB Vs. SWARAN KAUR

JUDGEMENT

(1.) This appeal has been filed by the State of Punjab against the award dated 11.6.1987 passed by the learned Motor Accident Claims Tribunal, Amritsar (hereinafter to be referred as "the Tribunal") whereby a sum of Rs. 1,98,000/-has been awarded to the claimant/respondent No. 1 to be paid by the appellants and respondent No. 2 jointly and severally.

(2.) Briefly the facts are that on 14.4.1985, Upkar Singh (deceased) and his son Narinder Singh were returning on motorcycle to City Tarn Taran from the side of octroi post situated on Amritsar-Tarn Taran Road. At about 3.30 p.m., when they reached near the power house, a bus bearing No. PBF-7179, being driven by respondent No. 2 in a rash and negligent manner, struck against the motorcycle. As a result of impact, they fell down on the road. Upkar Singh got unconscious. He sustained multiple injuries on his person and was removed to Sri Guru Teg Bahadur Hospital, Amritsar, where he died. Claim petition filed by the widow of deceased Upkar Singh was allowed. Compensation of Rs. 1,98,000/-was assessed, against which the present appeal has been preferred by the State.

(3.) Learned State counsel submitted that the issue involved in the present appeal is quite short viz. application of multiplier and cut on account of personal expenses. The learned Tribunal applied multiplier of 15 which should have been 11 and 1/3rd cut should have been applied on account of dependency as against 1/4th, considering the age of the deceased as 55 years at the time of death, and that widow is only claimant left behind by the deceased. In support his contention, he relied upon judgment of Hon'ble the Supreme Court in Sarla Verma (Smt.) and Ors. v. Delhi Transport Corporation and Anr., 2009 6 SCC 121.