THURO DEVI Vs. NATIONAL INSURANCE COMPANY LIMITED, JULLUNDUR

JUDGEMENT

(1.) The claim in appeal here is for enhanced compensation. The claimants being the mother, widow and children of Chuni Lal deceased, who was killed when the bus PBA-6675 came from behind and hit into his cycle. This happened on 3rd January, 1984, on the Gurdaspur-Pathankot road. The finding of the Tribunal being that the accident had been caused entirely due to the rash and negligent driving of the bus driver. A sum of Rs. 19,516/- was awarded as compensation to the claimants.

(2.) Chuni Lal deceased was about 54 years of age at the time of his death. He was working as Agricultural Sub-Inspector in the office of the Chief Agricultural Officer, Gurdaspur. His total emoluments were over Rs. 950/- per month and he was due to retire on 30th September, 1984.

(3.) The evidence on record shows that Chuni Lal deceased died leaving behind his widowed mother, his widow Thuro Devi, four sons and three daughters. Except for one son Ram Sarup, who was employed in a Bank, all the others were dependent upon him. Three of the sons had yet to the settled. One of them was still studying in school. There were two unmarried daughters, both minors, studying in school. Considering his liabilities, namely, the number of persons dependent upon him and the fact that his children were still unsettled and three of them had not yet completed their schooling, there is every reason to assume that he would have looked for some gainful employment to supplement his pension after his retirement from service. Indeed, he would have been compelled to do so. The possibility of Chuni Lal having found such employment after retirement cannot be said to have been remote particularly in the agricultural section where his talents lay. These are indeed pertinent and important considerations in taking an overall view of the circumstances of the deceased, particularly his earnings till retirement and his estimated emoluments on re-employment thereafter in the context of the needs and the situation of the claimants keeping in view generally the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur, 1979 81 PunLR 1, in so far as they are relevant here, the dependency deserves to be taken at Rs. 500/- per month with a multiplier of 10. So computed, the compensation payable would work out to Rs. 60,000/- (rupees sixty thousand).