GURMEET KAUR Vs. HEERA SINGH

JUDGEMENT

(1.) THE legal heirs of Ajit Singh deceased have filed this appeal wherein challenge has been made to the award dated 1.2.1989 passed by the Motor Accident Claims Tribunal, Gurdaspur (for short 'the Tribunal'), whereby an amount of Rs. 1,45,000/- was awarded on account of the death of Ajit Singh in a road accident on 30.7.1986.

(2.) IN brief, the facts giving rise to the present appeal are that on the death of Ajit Singh, aged 44 years, in a road accident on 30.7.1986, his widow Gurmeet Kaur, two minor sons Gurpreet Singh and Nirmaljit Singh, and one minor daughter Harpinder Kaur filed a claim petition against the owner, driver of the offending truck bearing registration No. HPG-2309, as well as the Insurance Company. The claim petition was contested by the respondents. Ultimately, under issue Nos. 2 and 3 it was held by the Tribunal that Ajit Singh had died as a result of rash and negligent driving by Malkiat Singh (respondent No. 2) of the truck bearing registration No. HPG-2309. According to the claim made by the claimants deceased Ajit Singh was earning Rs. 5,000/- per month from all sources of income. However, the Tribunal while relying on the salary certificate of the deceased. Wherein it was mentioned that the deceased was earning total emoluments of Rs. 1549.50, assessed monthly dependency of the deceased at Rs. 850/- and also by applying the multiplier or 14 it awarded an amount of Rs. 1,45,000/- as compensation to the claimants. The Tribunal also awarded interest at the rate of 12% per annum on the entire amount with effect from the date of application till realization. In order to challenge the award of the Tribunal, the claimants have filed this appeal.

(3.) THE contentions raised by the learned counsel for the appellants have vehemently been controverted by Mr. Inderjit Sharma, learned counsel appearing on behalf of the Insurance Company, respondent No. 3. It has also been contended by Mr. Inderjit Sharma that the liability of the Insurance Company could not be more than Rs. 1,50,000/- as the Truck in question was insured for that sum only. I have heard the learned counsel for the parties and gone through the case file very minutely.