GURJEET KAUR Vs. GURINDER PAL SINGH

JUDGEMENT

(1.) This is an appeal by the claimants who are legal heirs of deceased Avinash Singh, for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Ludhiana.

(2.) Brief facts of the case are that on 2.5.1988 Avinash Singh was going on scooter No. PAK 8504. He was driving the scooter while one Manoj Kumar was sitting on the pillion seat. Bus No. HNG 902, belonging to the Haryana Roadways being driven by Gurinder Pal Singh, respondent No. 1, in a rash and negligent manner, came from Ludhiana side and rammed into the scooter after first hitting a cyclist. As a result of the accident, the scooter was smashed and Avinash Singh was removed to C.M.C. Hospital, Ludhiana where he succumbed to the injuries.

(3.) Learned Tribunal, on appreciation of evidence brought on record in support of the claim petition, came to the conclusion that the deceased was earning between Rs. 1,200 and Rs. 1,400 per month. After deducting 1/3rd as personal expenditure, the Tribunal assessed the dependency at Rs. 900 per month and annual dependency was accordingly calculated at Rs. 10,800. After applying the multiplier of 16, the learned Tribunal awarded the compensation of Rs. 1,72,800. Claimants-appellants were further held entitled to interest at the rate of 12 per cent per annum from the date of filing of the petition till realisation of the awarded amount. Being dissatisfied with the amount of compensation, the present appeal has been filed.