JASMEET KAUR Vs. ANANT RAM

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimants being the widow and children of Sukhdev Singh Bhatia deceased, who was run over and killed by the rash and negligent driving of the tractor HRL 1308. The deceased was standing near the weigh-bridge on one Gurbaksh Singh when this happened. This occurrence took place at Yamuna Nagar on February 22, 1978. The compensation awarded was Rs. 57,600/-.

(2.) THE evidence on record shows that Sukhdev Singh Bhatia deceased was only 40 years of age at the time of his death. He died leaving hehind his widow Jasmeet Kaur, aged 33 years and their three minor children ranging in age from 6 to 12 years. All the claimants were dependent upon the deceased.

(3.) THE compensation payable in such cases has to be assessed keeping in view the situation and the circumstances of the claimants and the deceased in the context of the principles laid down by the Full Bench in Lachhman Singh v.Gurmit Kaur, 1979 P.L.R. 1. Seen in this light, 16 would clearly be the appropriate multiplier to be applied in this case. It would be fair and just to take the loss to the claimants at Rs. 10,000/- per annum. This would work out to Rs. 1,60,000/- The amount claimed was, however, only Rs. 1,50,000/- and consequently, the award must be restricted to this sum.