SURJIT KAUR Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) CLAIMANT -appellants have filed this appeal against the award dated January 31, 1990, whereby they have been awarded Rs. 1,50,000/ - as compensation for the accidental death of Balwant Singh son of appellants Surjit Kaur and Sarup Singh, husband of Manjit Kaur and father of Tajinder Singh minor.

(2.) BRIEFLY stated, the facts of the case are that on May 18,1987, at about 7 P.M. deceased Balwant Singh was going on a scooter from Amargarh towards village Bagarain. At that time Harbhajan Singh was driving Oil Tanker/Truck No. PBP 6767 rashly and negligently. Hardeep Singh was sitting on the pillion of the scooter. Harbhajan Singh dashed against the scooter of Balwant Singh, who sustained injuries and breathed his last on the spot. Harbhajan Singh respondent was driver of the said offending vehicle and respondent No. 2 was its owner and it was insured with respondent No. 3. Balwant Singh was aged 20 years and was working as Veterinary Pharmacist at Civil Veterinary Hospital Bagarain. At the time of accident his total emoluments were Rs. 1313.50 per month. The claimants are his dependents. They claimed Rs. 5 lacs, with costs and interest at the rate of 12 per cent per annum from the respondents.

(3.) AFTER recording the evidence, the Claims Tribunal came to the conclusion that deceased Balwant Singh was drawing Rs. 1313.50 while working as Veterinary Pharmacist. Claimants dependency was assessed at Rs. 780/ - per month and applying a multiplier of 16, the compensation was calculated at Rs. 1,49,760/ - which was rounded off to Rs. 1,50,000/ -. This compensation was awarded and apportioned amongst the claimants in the ratio of 5 (widow), 5 (minor son), 3 (mother) and 2 (father).