BALDEV KAUR Vs. PUNJAB ROADWAYS

JUDGEMENT

(1.) THIS appeal operates in a narrow field. It stands settled, and remains undisputed, that due to the rash and negligent driving of the driver of the offending Punjab Roadways bus one Gurcharan Singh met his death and his claimants are the present appellants, being his widow, two minor sons and one minor daughter. They have been awarded a sum of Rs. 24,000/- as compensation, to which they seek enhancement by means of this appeal.

(2.) UNDISPUTABLY , the deceased was a landowner owning about 15 acres of land which he used to self-cultivate. That land, as the evidence goes, is being kept under cultivation by the widow by engaging a servant. According to her, the income which her husband used to derive from the land was Rs. 17,000/- per year and now it had dwindled down to Rs. 7,000/-per year. The Tribunal found her statement to be discrepant with the statement of the brother of the deceased, who stated that the income of the deceased was Rs. 10,000/- per year. On mute logic, which is not clear to me, the Tribunal had held that the income of the deceased was Rs. 3,000/- per year, and taking that he would have spent Rs. 1,000/- on himself, it fixed the dependency of the claimants at Rs. 2,000/- per year. Given a multiplier of 12, a sum of Rs. 24,000/- in this manner was awarded.

(3.) NEXT is the turn of apportionment. I find no reason to distinguish between the claim of each claimant inter se. They shall share it equally. The interests of the minors however, need be protected. The widow-Baldev Kaur, appellant No. l, as their guardian is directed to deposit the compensation due to each minor appellant in a fixed deposit for 63 months with a scheduled bank and keep recovering the interest accruing thereon for the upkeep of the minors. After the expiry of 63 months, the fixed deposit be renewed like-wise in each case till the minors attain majority and thereafter each respective amount be placed in their hands.