BANTI DEVI Vs. JOGA SINGH

JUDGEMENT

(1.) ON the night of June, 5, 1975, while travelling on the Ropar-Nangal Road, the truck HPK 8048 took a turn and could not thereafter be controlled with the result that it went into the shop of Bishan Dass Halwai. Bishan Datt and his servant Hari Pal were sleeping in the shop at that time. They were both crushed by the truck and later died as a result of the injuries sustained by them in this accident. This happened in village Mankapur.

(2.) IT was the finding of the Tribunal that the accident here had been caused due to the rash and negligent driving of the truck driver. A sum of Rs. 10,800/- was awarded as compensation to the widow and minor children of Bishan Dass deceased and Rs. 3,870/- to the parents of Hari Pal deceased.

(3.) THE evidence on record shows that Bishan Dass deceased -was only 45 years of are at the time of his death. He died leaving behind his his widow and the miner children. As has been mentioned earlier, he was working as a Halwai. In the claim application, it was mentioned that his income as Halwai was Rs. 300/- per month. No exception can betaken to this figure even if he treated as a petty shopkeeper of moderate means. Applying here the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1, "46 would clearly be the appropriate multiplier to be applied and the loss deserves to be taken at Rs. 2,500/- per annum. This would work out to Rs. 40,000/-.