LAWS(P&H)-1993-1-45

UMA Vs. PUNJAB STATE

Decided On January 05, 1993
UMA Appellant
V/S
PUNJAB STATE Respondents

JUDGEMENT

(1.) BY the present judgment, we propose the disposal of LPA Nos. 973 and 976 of 1984 which have been filed by the claimants against the same judgment of the single Judge. The facts have been taken from the former case.

(2.) IN an accident between a car and a bus, three occupants of the car, including the husbands of the two claimants namely, Ashwani Kumar and Pran Nath, were killed and certain other persons injured. Several Claims for compensation arising from this accident were negatived by the Tribunal holding that the accident had taken place as a result of the bursting of the front wheel of the car and not on account of the rash and negligent driving by the bus driver. Aggrieved by the order of the Tribunal the claimants preferred separate appeals in this Court The learned single Judge by the impugned judgment set aside the finding of the Tribunal with regard to the cause of the accident and held that the accident had taken place entirely due to the rash and negligent driving of the bus driver and on that basis determined the amount of compensation payable to the heirs of Ashwani Kumar and Pran Nath deceased at Rs. 77,000/- and Rs. 87,000/. respectively while determining the dependency of Rs. 400/- and Rs. 450/- per month, respectively. Certain other amount were also allowed to the injured persons with respect to the injuries suffered by them in the accident It has been stated before us that the Letters patent Appeals filed on behalf of the injured have been dismissed in limine and presently only the two appeals survive as the finding with regard to the cause of the accident has not been challenged by the respondents-State of Punjab by filing separate appeal.

(3.) WE have heard the learned counsel for the parties only on the question of compensation that is to be granted to the claimants. We see no reason to differ with the finding of the learned Single Judge with regard to the extent of loss suffered by the claimants. It has, however, been strenuously urged by Mr. L. M. Suri, learned Senior Advocate, appearing for the claimants, that the multiplier of 16 utilized in both the cases was extremely low. He has argued that Ashwani Kumar deceased was only about 22 years of age at the time of his death and he died leaving behind a widow Smt. Uma who was then 20 years old and had chosen, not to remarry. He has also urged that Pran Nath deceased was 30 years of age at the time of his death and had left behind a widow Smt. Pushpa Rani was 36 years old at that time and also a young son aged about 14 years. He has urged that this Court in similar situations adopted a multiplier between 20 and 25 keeping in view the facts and circumstances of each case. In this connection, he has referred to Smt. Urmila Devi v. Baljit Singh and Ors. , (1989-2) 96 P. L. R. 562. Smt Usha Soni v State of Haryana, (1989-2) 96 P. L. R. 541. Smt Kiran Wati v. Had Singh and Ors. , (1991-2) 98 P. L. R. 555 and Hardeo Kaur v. Rajasthan State Road Transport Corporation, 1992 A. C. J. 300. In Smt. Urmila Devi's case (supra), the deceased was 39 years old and he died leaving behind a widow aged 33 years, a minor son and four minor daughters and the multiplier of 20 was adopted. In Smt. Usha Soni's case (supra), the deceased was again 39 years of age, his widow 32 years old and he too left behind a daughter aged 10 years and a son aged 6 1/2 years and the multiplier utilized was of 20. In Smt. Kiran Wati's case (Supra), the learned single Judge of this Court granted a multiplier of 25 to the deceased who was 29/30 years of age. In Hardeo Kaur's case (supra), the Hon'ble Supreme Court applied the multiplier of 24 to the deceased who was a Major in the Indian Army It will be seen from the facts set out above that there has been a tendency as of now, to adopt a higher multiplier because of the increased life expectancy in this country. In view of the facts and circumstances of the case, we feel that the multiplier to be adopted in the case of Ashwani Kumar and Pran Nath deceased should be determined at 24 and 20 respectively. Computing the compensation on this basis, we direct that Smt. Uma will be entitled to Rs. 1,15,200/ (rounded off to Rs. 1,16,000/-) and Smt. Pushpa Rani to Rs. 1,08,000/together with interest at the rate of 12 per cent per annum already allowed by the single Judge. The present appeals are allowed to the extent indicated above. The parties are left to bear their own costs.