HARINDER KAUR DHILLON Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants who are the widow and two minor sons of the deceased Surinder Singh Dhillon, have filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Karnal dated 10.12.1993 by which a compensation of Rs. 4,04,636 was awarded to them.

(2.) Briefly the facts of the case are that on 19.10.1991, Surinder Singh Dhillon, Tirath Ram along with Balbir Kaur and other family members were going from Ambala to Delhi in car No. DIA 1807. At about 5 p.m. when the car reached near Gharaunda, a bus belonging to Haryana Roadways bearing No. HNE 1982 came from opposite direction, i.e., from Delhi side, which was being driven by Hoshiar Singh, struck against the car. It is alleged that the bus was being driven at a very high speed in a rash and negligent manner and as a result of the accident Surinder Singh Dhillon and Tirath Ram died whereas Balbir Kaur received injuries. Ram Kumar, PW 7, lodged F.I.R. No. 329, Exh. P8, which was recorded at Police Station, Gharaunda and a case was registered against the driver of the Haryana Roadways bus, namely, Hoshiar Singh. The parents of the deceased Surinder Singh Dhillon, namely, Balbir Kaur and Kehar Singh filed a claim petition claiming a sum of Rs. 10,000 (sic Rs. 10,00,000) as compensation. A separate claim petition was filed by the widow and the two minor sons of Surinder Singh Dhillon claiming a sum of Rs. 10,00,000 as compensation on account of the death of Surinder Singh Dhillon. The Motor Accidents Claims Tribunal after recording the evidence came to the conclusion that Surinder Singh Dhillon died as a result of rash and negligent driving of the driver of Haryana Roadways bus and awarded compensation of Rs. 4,04,636 in favour of the claimants, i.e., the widow and two minor sons. The Tribunal also awarded a sum of Rs. 50,000 in favour of Balbir Kaur and Kehar Singh, parents of the deceased Surinder Singh Dhillon.

(3.) Mr. C.B. Goel, counsel for the widow and two minor children of the deceased Surinder Singh Dhillon, has assailed the findings of the Tribunal with regard to the quantum of compensation awarded. It has been submitted by the learned counsel that the deceased was working as an Inspector in the Central Excise and Customs, Collectorate, Ahmedabad and was drawing a salary of Rs. 3,942 per month. The salary certificate, Exh. P52, has been placed on record which has duly been issued by the Chief Accounts Officer, Central Excise and Customs, Ahmedabad. It has further been averred that the deceased was 37 years of age. Learned counsel has argued that firstly, the Tribunal gravely erred in deducting 1/3rd amount from total salary of the deceased towards his personal expenses. It is submitted that as the deceased had a large family to support, i.e., aged father and mother, wife and two minor children, therefore, the deduction of 1/3rd amount from the total salary for personal expenses is on the higher side. Learned counsel has submitted that the deduction on account of personal expenses should have been based on unit system, i.e., two units for each adult and one unit for each of the minor children.