DHANPAT RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON the fateful day, i. e. , 12th November, 1983, deceased Chaman Lal along with Joginder Pal was standing on the island situated on the left side if one goes from the bus stand to Industrial Area. Bus No. HYA 8152 came from Tribune Chowk. It was being driven rashly and negligently. The bus hit Chaman Lal. He was removed to the hospital. The impact of the accident was so much that the bus stopped at a distance of 160 steps. The deceased was 25 years of age.

(2.) THE father and mother of the deceased have filed claims under Section 110-A of the Motor Vehicles Act. The claimants stated in the application that the deceased was employed in Saudi Arabia and he was getting Rs. 4,000/- per month. He came back to India on 16th May, 1982 and was temporarily employed in the Industrial Area at a salary of Rs. 1,200/- per month. The appellants have claimed compensation to the tune of Rs. 6,00,000/ -. The State by means of written statement repelled the stand of the claimants. Motor Accidents Claims Tribunal, Chandigarh, vide its award dated 14. 2. 1985 partly accepted the claim of the appellants and allowed them compensation of Rs. 57,600/-with interest at the rate of 12 per cent per annum from the date of the filing of the claim petition till realisation. Now, the claimants-appellants have come in appeal.

(3.) THE State has accepted the award and has not filed any appeal. The fact that the accident was caused due to rash and negligent driving of bus No. HYA 8152 owned by the respondent State is not disputed. The accident was caused due to rash and negligent driving. The Claims Tribunal in its award awarded compensation on the basis that income of the deceased was Rs. 500/- per month. The Claims Tribunal came to the conclusion that the deceased must have spent Rs. 200/per month for his personal expenses and determined the dependency on the deceased at Rs. 3,600/- per annum and applied the multiplier of '16'.