JAMNA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal on behalf of the claimant Jamna Devi is directed against the award of the Motor Accidents Claims Tribunal, Chandigarh, (hereinafter called 'the Tribunal'), dated January 5,1983, whereby she was awarded a sum of Rs. 24,000/ - by way of compensation by it on account of the death of her son Raj Kumar.

(2.) AS regards the facts, there is no dispute between the parties. According to the learned Counsel for the Appellant, the amount of compensation awarded by the Tribunal was too inadequate. The claims of the other minor dependents who were solely dependent upon the deceased were wrongly rejected.

(3.) THE claims of the brother and sister of a deceased could not be considered in view of the presence of their mother Jamna Devi; she being a Class I heir under the Hindu Succession Act, 1956. The matter stands concluded by the decision of this Court in Hans Raj v. Neelam Chopra : 1986 AC J 152 (P&H). In the present case, the Appellant Jamna Devi's annual dependency was held to be Rs. 2,400/ -. The multiplier of 10 (ten) was applied and, thus, she was awarded a sum of Rs. 24,000/ - by way of compensation. Thus, she being the mother of the deceased has been rightly awarded the said compensation.