GULABI DEVI Vs. LACHMAN DASS

JUDGEMENT

(1.) THIS appeal has been filed for enhancement of compensation in a case where two persons namely Ram Nuj and Bhabhi khan had died in the same accident. This appeal has been filed by the mother and brother of deceased Bhabhi Khan.

(2.) THE facts of the case are that two persons namely Ram Nuj and Bhabhi Khan were going on a cycle on the intervening night of 7/8.4.1990 after attending their duty in a starch Mill at Phagwara. Ram Nuj was paddling the cycle and Bhabhi Khan was riding the pillion. A fourwheeler coming from the side of Ludhiana having been driven in a rash and negligent manner struck against their cycle resulting into their death. The Tribunal came to the conclusion that the accident had taken place due to the negligence of Ram Nuj and the driver of the fourwheeler was not at fault. The present appellant Gulabi Devi, who is the mother of deceased Bhabhi Khan, was awarded compensation of Rs. 25,000/ - under no fault liability. Learned counsel for the appellants has argued that wife of deceased Ram Nuj had filed FAO No. 1584 of 1992 decided on 03.12.2010 and as per the said decision the negligence of the driver of the four wheeler involved in the accident has been established. Consequently I hold that in this case also the negligence of respondent No.1 stands established. As regards the quantum of compensation, learned counsel for the appellants has argued that deceased Bhabhi Khan was an unskilled labourer and was earning Rs. 1000/ - per month. As per the testimony of PW4 deceased was earning Rs. 681/ - + 10% provident fund + 20% bonus and was getting about Rs. 100 -125 per month as over time. Consequently it has to be held that the monthly income of the deceased was Rs. 1000/ -. Learned counsel for the appellants has further argued that the Tribunal has not awarded any amount towards future prospects. He has argued that the deceased in the present case was only 23 years of age, so there should be addition of 50% in the monthly income of the deceased as future prospects. In support of his arguments he has placed reliance on a decision of the Hon'ble Supreme Court in Rajesh and others v. Rajbir Singh and others reported as 2013(9) SCC 54 where their lordships have held that in cases where death takes place of persons who are self employed or getting fixed wages, future prospects should be computed keeping in view their age. Paras 10 and 11 of the said judgment are reproduced here as under: -

(3.) THE issue before this Court is as to which of the decisions should be followed. This controversy has been set at rest in a Full Bench decision of this Court in Indo Swiss Time Ltd. v. Umrao and others reported as AIR 1981 Punjab and Haryana 213(1) where it has been held as follows: -