SUKHDEV KAUR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) ON December 16, 1977, at about 11 p. m. an accident took place between a truck and a motor cycle. Karam Singh, who was driving the motor cycle, died on the spot. His widow along with two minor children and his parents filed a petition under Section 110-A of the Motor Vehicles Act. On examination of the evidence, the Tribunal held that the accident had taken place 'due to rash and negligent act of driving of respondent No. 3, the driver. ' He further found that Karam Singh who was aged 30 years was employed with the Sugarcane Co-operative Society on a monthly salary of Rs. 300/ -. Holding that he would have continued in service up to the age of 50 years, i. e. , for a period of 20 years from the date of his death, it awarded a compensation of Rs. 72,000/ -.

(2.) AGGRIEVED by the award of the Tribunal, the owner of the truck and the insurance company filed F. A. O. No. 225 of 1978. The claimants filed F. A. O. No. 279 of 1978 for enhancement of the compensation already awarded. The learned single Judge partly accepted the appeal filed by the owner of the vehicle and the insurance company and reduced the compensation awarded by the Claims Tribunal from Rs. 72,000/- to Rs. 48,000/ -. He dismissed the appeal filed by the claimants.

(3.) THE claimants have now filed L. P. A. Nos. 616 and 617 of 1984 challenging the order of the learned single Judge. We have heard learned counsel for the parties. The primary contention raised by Mr. Munish-war Puri, learned counsel for the appellants, is that the learned single Judge has erred in reducing the compensation from Rs. 72,000 to Rs. 48,000/ -. This contention has been controverted by Mr. Pardeep Bhandari and Mr. P. S. Rana appealing for the respondents.