SEEMA CHAWLA Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed on behalf of the claimant against the award of Motor Accident Claims Tribunal, Gurgaon, dated 28-2-1983, whereby a sum of Rs. 96,000/- has been awarded as compensation with 6 per cent interest per annum.

(2.) THE accident took place on 22-9-1980 at about 8.30 A.M., on account of collision between bus No. DHP-2880 belonging to the Delhi Transport Corporation and truck No. DHL-1525, owned by Jasbir Singh respondent No. 2. As a result of this accident several passengers in the bus were killed. Five claim petitions were filed. One of the deceased was Surinder Singh Chawla, aged 40 years, who left behind the his widow Smt. Prem Chawia and three minor children i.e. two daughters and a son. The claim petition was filed by the said four heirs of the deceased.

(3.) LEARNED Counsel for the claimants submitted that the dependancy shall not be less than Rs. 1000/- per month. Moreover, the multiplier was too inadequate. It should have been '20' keeping in view the age of the deceased and the heirs left behind by him. He also submitted that the claimants were entitled to the interest at the rats of 12% per cent instead of & per cent, as allowed by the learned Tribunal, In support of his contention, for enhancement of compensation, he referred to Rajasthan State Transport Corporation situated at Parivahan Marg, Jaipur v. Bhafan Lai Bishnsi 1987 (1) P.L.R. 279 and Smi. Sushila and Ors. v. Delhi Union Territory through Chief Secretary, Delhi and Anr. 1987 (1) P.L.R. 58. He also referred to Jyotsna Dey and Ors. v. The State of Assam and Ors. 1987 (1) P.L.R. 646 (Supreme Court), Cross objections have been also filed on behalf of respondent Nos. 1 and 2 challenging the amount of compensation determined by the Tribunal.