ASHA RANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether the age of the deceased is a conclusive or in any case a paramount consideration for the determination of compensation for his depends under S. 110-B of the Motor Vehicles Act has come to be the spinal issue in this appeal under clause 10 of the Letters Patent.

(2.) On the 13th of Sept., 1966, at about 7.30 P. M. Harbans Lal deceased, an employee of the Amritsar Sugar and Oil Mills Ltd., Chheharta, was fatally run over by a military jeep whilst proceeding from Amritsar City towards Khalsa College. His widow and minor children preferred a claim petition alleging that the victim of the accident was killed because of the rash and negligent driving of the jeep. The claim was opposed by the Union of India but the Tribunal by its award dated the 15th of May, 1968, decided all the issues in favour of the claimants. It was held that the dependants have been deprived of financial support to the tune of Rs.100/- per mensem and consequently the annual loss was assessed at Rs.1,200/-. At the time of the accident Harbans Lal deceased was of 45 years of age and assessing his life expectancy as 60 years the Tribunal allowed the loss for 15 years and awarded Rs.18,000/- to the claimants.

(3.) The Union of India appealed against the above award. The learned single Judge, affirmed the findings of the Tribunal on merits. However, with regard to the amount of compensation he referred to the Full Bench judgment in Lachhman Singh v. Gurmit Kaur, AIR 1979 Punj & Har 50, for evolving a suitable multiplier and held as follows:-