RAM MURTI Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order of the learned Single Judge dated 10 -7-1986 whereby the compensation allowed by the Tribunal in an accident case was enhanced from Rs. 10,000/- to Rs. 25,000/ -.

(2.) ON 9-5-80 at 7. 00 p. m. , there was head on collusion between truck owned by Tirlochan Singh and driven by Krishan Lal which was insured with the New India Assurance Company and scooter owned and driven by Rajinder Singh, aged 25 years. Rajinder Singh died at the spot He was unmarried His parents, brother and sister filed claim before the Motor Accident Claims Tribunal for Rs. 1,50,000/-, when was contested on behalf of the respondents. The learned Tribunal found that the driver of the truck was negligent. As regard entitlement of compensation, it came to the conclusion that the father of the deceased was Managing Director of the Co-operative Bank, getting salary of Rs. 2,000/- per month which was self sufficient for him, However, the father had staled that the deceased sen used to pay a considerable part of his pay to his mother. From this, the Tribunal inferred that the son might have been paving Rs. 100/ per month to his mother. On that basis the learned Tribunal allowed compensation of Rs. 10,000/payable to the mother alone.

(3.) IN appeal the learned Single Judge found that keeping in view the totality of the facts of the case he thought it just and proper that the mother should get Rs. 25,000/- as compensation on account of the death of her unmarried son. Consequently, it was ordered that Smt. Ram Murti, mother of the deceased would be entitled to Rs. 25,000/- alongwith 12% interest from the date of filing of the claim application till realisation.