TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appeals are for enhancement of compensation for death of persons in a motor accident when the bus owned by the Government of Punjab plunged into a river. It was a typical res ipsa loquitur situation where the Court must have found the negligence as established against the driver of the State Transport and awarded just compensation under Section 166. The Court, however, took the compensation as an inevitable incident and found a ground only to award compensation on no -fault basis. The approach of the Tribunal is erroneous and the compensation would require to be enhanced by treating accident as a result of negligent driving of the driver of the bus to give rise on the assessment on the basis of the income of the deceased persons and the extent of dependence by the claimants.

(2.) IN FAO No. 133 of 1996, the claim was at the instance of husband of the deceased woman aged 50 years. The evidence was that she used to do household work and was maintaining a Dairy and earning Rs. 3000/ - per month. I will take the income as having been established for even the value of household work in the year cannot be less than Rs. 3000/ -. I will take the contribution to the family itself as half of the said amount and apply a multiplier of 13 and find the loss of dependency Rs. 2, 34,000/ -. I will provide for a further addition towards the conventional heads of claim like the loss of consortium at Rs. 5000/ - and Rs. 5000/ - for loss to estate and another Rs. 6000/ - towards funeral expenses, aggregating to in all to Rs. as the entitlement of the claimant. The award stands modified and the additional amount will also attract interest at 7.5% from the date of petition til ldate of payment. The liability shall be on the State for making payment.

(3.) BOTH the appeals are allowed to the above extent.