ABDUL SATTAR Vs. MEHBOOB

JUDGEMENT

(1.) Two labourers - Abdul Jabar and Sri Ram - were killed when the truck RJE-3347, they were travelling in suddenly went off the road and turned turtle. This happened on June 11, 1979 on the Delhi Jaipur Road. It was the riding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck-driver. A sum of Rs.19,000/- was awarded as compensation to the father and widow of Abdul Jabar deceased and Rs.9,500/- to the father of Sri Ram deceased. The claim in appeal now is for enhanced compensation.

(2.) The evidence on record would show that Abdul Jabar deceased was about 19 years of age at the time of his death. He died leaving behind his 20 years old widow and his father who was 54 years of age. Both these persons were dependant upon him. Abdul Jabar worked as a labourer mainly in loading and unloading of trucks. No exception can be taken to the Tribunal assessing the income of both the deceased at Rs.300/- per month. Applying here the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur, (1979) 81 Pun LR 1, the claimants must indeed be held entitled to the amount claimed that is Rs.40,000/-.

(3.) Turning to the case of Sri Ram deceased, the evidence shows that he was 32 years of age at the time of this accident. The claimant in this case is his 58 years old blind father. It was the deceased who had been supporting and looking after him. Considering the loss that the claimant has suffered on account of the death of his deceased son as also his age and the other relevant factors as laid down in Lachhman Singh's case (supra), the compensation to the father deserves to be enhanced to Rs.25,000/-.