MOHINDER KAUR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) APPELLANT Mohinder Kaur widow of deceased Piara Singh and three sons and two daughters of appellant Mohinder Kaur lament only inadequate compensation granted to them on account of death of their sole bread winner Piara Singh who died in an accident that took place on 4th May, 1978, when the deceased was going on scooter alongwith Gurbachan Singh Bajawa aged 40 years. They both were knocked down by truck bearing No, DHG-5063. Widow and children of both the persons who died i. e. Piara Singh and Gurbachan Singh filed two separate claim applications before the Motor Accident Claims Tribunal, Gurdaspur. Whereas heirs of Gurbachan Singh were awarded compensation to the tune of Rs. 60,000/-, the appellants were awarded compensation of Rs. 38,800/ -.

(2.) . The insurance Company alone filed two appeals. The appellants as also Sukhdeep Kaur widow and her children filed Cross-objections in both the appeals. These appeals and Cross-objections came up for hearing before the learned single Judge on 12th July, 1984. Whereas both the appeals preferred by the Insurance Company were dismissed, cross-objections in both the cases were allowed. However, compensation to Sukhdeep Kaur and her children was enhanced to Rs. 1,44,000/- and in the case of the appellants it is only interest of 12 per cent per annum which was awarded keeping, however, the amount of compensation of Rs. 38,800/- intact. Only one appeal has been filed against the judgment of learned Single Judge. Even through in the grounds of appeal the prayer is for enhancing the compensation awarded to Sukhdeep Kaur and her children only one appeal by Mohinder Kaur and her children has been filed. After perusing the records of the case, we are of the considered view that there is scope for enhancement of the compensation in the case relating to Piara Singh deceased. The Tribunal after recording evidence of the parties came to a firm finding that Piara Singh owned 7-1/2 acres of land in village Jamalpur. Mohinder Kaur deposed before the Tribunal that Piara Singh deceased was earning Rs. 2,000/- per acre every six months from the land owned by him and that being so, the monthly deprivation of income comes to Rs. 2,500/ -. Two months after the death of Piara Singh, she engaged one Jabru at Rs. 300/- per month besides providing meals and clothing. Jabru was not capable of managing the land with the same efficiency as the deceased and, therefore, the income was reduced to one half of what it used to be earlier. Piara Singh was 35 years of age at the time of his death and left behind his widow, her mother-in-law Partap Kaur, who was dependent upon him and Narinder Singh, Sarvjit Singh and Sukhvinder Singh, his son's and Paramjit Kaur and Mahinder Kaur, his daughters. The children at the time of death of Piara Singh were aged 18, 16, 14, 12 and 9 years respectively. Widow had the burden of marrying her two daughters.

(3.) AS referred to above, Piara Singh was 35 years only and multiplier of six, in our considered view, was too inadequate. The multiplier of 20, considering the totality of the facts and Circumstances of the case, inclusive of the fact that a young widow, an aged mother-in-law and five children are there to fend for themselves, would be appropriate in this case. Working thus, the loss to the family comes to the tune of Rs. 12,000/- per year, and by multiplier of 20, the claimants-appellants deserve compensation of Rs. 2,40,000/ -.