DARSHAN KAUR Vs. PARKASH CHAND

JUDGEMENT

(1.) This is an appeal by the claimants arising out of award of the learned Motor Vehicle Accident Claims Tribunal , Jalandhar in MACT case No. 41 of 1988 decided on 2/3/1990. While assessing the compensation, the Tribunal determined the dependency at Rs. 225.00 per month and applying a multiplier of 16, the compensation was arrived at Rs. 44,000.00 (round off), adding to this Rs. 2000.00 on account of expenses for performance of last rites, a total amount of Rs. 46,000.00 was awarded alongwith interest at the rate of 12 % per annum. It is further ordered that the amount of compensation is to be shared equally between father, mother and minor brothers of deceased Jaspal Singh.

(2.) Briefly the facts are that on 7/5/1988 at about 11.45 A.M. deceased Jaspal Singh was going towards Ludhiana from Goraya on a motor cycle. Near Radio Station, Goraya, truck bearing registration No. PAT 4775 being driven by Parkash Chand struck against Jaspal Singh, resulting in his death.

(3.) In reply filed the respondents alleged that the accident in fact, took place because of rash and negligent driving of motorcycle driven by deceased Jaspal Singh. On the pleadings of the parties following issues were framed: