CHAMELI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 19. 10. 1982 the Bus run by Motoria Bus Sevice in which Ram Karan, husband of appellant No. 1 Chameli Devi, was travelling, met with an accident with Haryana, Roadways Bus resulting in the death of said Ram Karan. Chameli Devi, widow, 4 minor children of Ram Karan-deceased as also his father filed the claim application for grant of compensation before Motor Accident Claims Tribunal, Sirsa. Motor Accident Claims Tribunal vide his award dated 5. 9. 1985 held that the accident had been caused due to negligence of the driver of Haryana Roadways Bus. To the above said claimants, the Tribunal awarded compensation of Rs. 25,200/- in all and it was further ordered that if the amount of compensation was not made within 30 days of the date of the Award, the claimants would be entitled to the interest on compensation at the rate of 12% per annum from the date of the Award till realization. It may be observed here that Ram Karan was working as a Mate in the Irrigation Department and was drawing Rs. 500/- per mensem as his salary and at the time of his death he was about 37 years of age. The Tribunal while computing the compensation held that the dependency of the claimants was only to the extent of Rs. 150/per mensem and had appled a multiplier of 14. Dissatisfied with the Award of compensation, the claimants have come up in the present appeal. Before adverting to the arguments, it may be observed here that the Appeal of the State against the Award of the Tribunal (FAO No. 47 of 1986) was dismissed in limine by this Court on 18. 2. 1986.

(2.) MR. Naubat Singh Panwar-Advocate, appearing on behalf of claimants-appellant, has submitted that the Tribunal has grossly erred in holding that the dependency of the widow, 4 minors and the father was only Rs. 150/- per mensem and the rest of Rs. 350/- was being spent by the deceased on himself. He has further submitted that multiplier of atleast 16 should have been applied if not more. In support of his contention, he has cited a Division Bench Judgment of this Court in Secretary, Ministry of Communications, Government of India, New Delhi v. Amar Kaur and Ors. , 1989 (1) A. C. J. 82. In that case, the deceased was a labourer of 38 years of age and earning Rs. 400/- per mensem and it was held in that case that dependency of the widow, 5 minor children was Rs. 300/- and multiplier of 16 was applied.

(3.) LEARNED counsel for the respondents could not successfully counter the argument of the learned counsel for the appellants.