SAVITA JAISWAL Vs. JOGINDER

JUDGEMENT

(1.) THIS is an appeal filed by wife and two children of deceased Sanjai Jaiswal, who died in an accident with Haryana Roadway Bus bearing No. HRL 9308 on 12.11.1987 at about 9.15 A.M. at Pipli Bus Stand.

(2.) THE primary issues raised herein are with regard to the quantum of compensation and also the cut imposed by the Tribunal to the extent of 40% by holding that there was contributory negligence on the part of the deceased. It has come on record that the deceased was 31 years of age at the time of his death and was diploma holder in Civil Engineering and was employed as a Sectional Officer in Kurukshetra University, Kurukshetra. It has been proved on record that he was drawing pay of Rs. 1718/- per month He left behind his old mother, wife and two children. The Tribunal while assessing his dependency at Rs. 1200/-, applying a multiplier of 16, awarded a total of Rs. 2,30,400/-. Thereafter while imposing a cut of 40% on account of contributory negligence, the amount payable to the claimants was fixed at Rs. 1,40,000/- (rounded off) which was ordered to be apportioned amongst the claimants.

(3.) ADMITTEDLY , deceased was 31 years of age, having Diploma in Civil Engineering and was employed with Kurukshetra University, Kurukshetra as a Sectional Officer, drawing a salary of Rs. 1718/- per month at the relevant time. He had long way to go. He would have risen in the career and accordingly, the salary would have also increased. Under the circumstances, in my opinion the dependency of the deceased should be assessed close to his income at the time of accident. Accordingly, the same is determined at Rs. 1600/- per month and keeping in view his age as 31 years applying the multiplier of 17, the amount of compensation assessed at Rs. 3,26,400/-. To this another a sum of Rs. 3600/- as transportation of the body from place of accident to the place of residence and funeral expenses etc. and a sum of Rs. 10,000/- on account of consortium, accordingly, a total of Rs. 3,40,000/- is awarded as compensation. The additional amount of compensation shall be paid by the respondents alongwith interest @ 7.5% per annum from the date of application i.e. 10.12.1987 till the date of payment.