UNITED INDIA FIRE AND GENERAL Vs. DALJIT KAUR

JUDGEMENT

(1.) A Punjab State Tube-well Corporation Jeep PUR 2448 travelling on the Ludhiana-Cbandigarh road was hit into from behind by the Lok Sewak Bus Service Private Ltd. Bus PBS 955 as also by the Punjab Road-ways bus PUR 1627 coming from the opposite direction. In the resultant accident, Avtar Singh Thind, Executive Engineer who was travelling in this jeep was killed while Jagwant Singh, the driver of the jeep, sustained serious injuries. This happened on September 4, 1978, at about 9.30 a.m. near village Rurki Pukhta on the road between Morinda and Kharar.

(2.) THE Tribunal held this to be a case of composite negligence with both the bus drivers being equally to blame. No part of the blame was fastened upon the jeep driver. A sum of Rs. 1,96,000/- was awarded as compensation to the widow and children of Avtar Singh deceased while Rs. 13,000/- were awarded to Jaswant Singh, the driver of the jeep for his injuries. The claims in cross-objections is for enhanced compensation.

(3.) TAKING an overall view of 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 PLR 1, there can be no manner of doubt that the appropriate multiplier here must be taken to be 16. Further, no exception can be taken to the Tribunal in assessing the dependency of the claimants at Rs. 1,200/-per month. This would work out to Rs. 2,28,400/-, which may be rounded off to Rs. 2,30,000/-. The claimants are indeed entitled to this sum.