NASIB KAUR Vs. TARSEM SINGH

JUDGEMENT

(1.) THIS is the claimants' appeal for enhancement of the amount of compensation awarded to them by the Claims Tribunal, Ludhiana vide his award dated 16. 8. 1984.

(2.) IN a nutshell facts of the case are that Gurmail Singh aged about 21 years was son of deceased claimant Chhota Singh and Nasib Kaur and was the brother of remaining claimants. These claimants claimed Rs. 2,30,000/- for this accident wherein Gurmail Singh died, his rehra was damaged and horse was also killed. They alleged that Gurmail Singh was a carts man and was doing the job of carrying bricks on his cart from one place to another. On 8. 11. 1982 Gurmail Singh was carrying bricks on his cart towards Khanna from the brick-kiln. Nazir Singh was following him. Gurmail Singh was knocked down by Bus No. PNZ 102 driven by respondent No. 1 Tarsem Singh rashly and negligently, causing his death and death of his horse and damaged his cart. It is also averred that respondents No. 2 and 3 are the owners of this bus, which was insured with respondent No. 4. The deceased was earning about R. 900/- per month. Claimants claimed Rs. 6300/- for the horse, Rs. 4000/- as costs of repairs of the rehri and remaining amount for the death of Gurmail Singh. Claimant Chhota Singh died during the pendency of the claim proceedings.

(3.) THE trial Court held that due to the rash and negligent driving of driver Tarsem Singh of Bus No. PNZ-102 at the relevant time he knocked down Gurmail Singh, who was driving his cart on the left side berm of the road. In this accident Gurmail Singh succumbed to the injuries his horse also died and his rehra was badly damaged. The tribunal also held that this bus was owned by respondent No. 3 and not by Respondent No. 2. On scanning the claimants' evidence, the learned tribunal held that the deceased was earning Rs. 450/- per month, must be spending 1/3rd of the income on himself. Thus, the dependency was determined at Rs. 300/ -. These claimants were held to be dependants on the deceased. Considering the age of the deceased as well as of the claimants, a multiplier of 16 was adopted and thus, the claimants were held entitled to compensation amounting to Rs. 57,600/- for the death of Gurmail Singh. The learned tribunal also awarded the repair expenses of rehra. The tribunal directed that the awarded amount shall be recoverable from the respondents 1, 3 and 4 jointly and severally with the condition that the liability of respondent No. 4 shall be limited to Rs. 50,000/-; interest was made recoverable at the rate of 12 per cent per annum from the date of the award if the amount of compensation is not paid within three months thereof.