SATISH NATH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SEVERAL passengers travelling in the Haryana Roadways Bus HYA-2274 were injured and a few of them died too when it hit into a stationary oil tanker parked on the road side. This happened near Shahbad on August 7, 1979 at about 4 A.M. on the Grand Trunk Road between Karnal and Ambala. It was the finding of the Tribunal that the bus-driver was wholly to blame for the accident. A sum of Rs. 80,000/-was awarded as compensation to Usha Rani, the widow of Ashok Kumar-one of the persons killed in this accident; Rs. 56,600/- to the parents of the other deceased Bandi Venketswara Swarni and Rs 30,000/- were awarded to the claimant Satish Nath Sharma, for the injuries sustained by him in this accident.

(2.) THE claim in appeal here is for enhanced compensation.

(3.) A reference to the evidence on record would show that during the year 1976-77, out of a gross profit of Rs. 26,744.50-p, the deceased had a net profit of Rs. 5,038.12-p; in the following year 1977-78, the gross profits were Rs. 37,162.17 paise. The Tribunal, taking net profits to be about 1/5th of the gross profits as in the previous year, assessed the net profits for this year to be Rs. 7,500/-. Allowing for a gradual increase in the income in the years to come, the annual income of the deceased was taken to be Rs. 10,000/- per annum or slightly more than Rs. 800/- per month. The dependency of the deceased on this basis was assessed at Rs. 400/- per month. Here Mr. L.M. Suri, counsel for the claimants contended that even if it be taken that the income of the deceased was as assessed by the Tri bunal, namely, Rs. 10,000/- per annum the dependency deserved to be assessed at a considerably higher figure than Rs. 400/- per month, keeping in view the fact that there are certain fixed expenses of the household, like house-rent, water and electricity charges, furnishing and the like, which remain constant whether the household has someone coming in or going out. No exception can indeed be taken to this line of reasoning.