PRITAM KAUR Vs. GOPAL CHAND

JUDGEMENT

(1.) ON 11th November, 1985, the deceased Jasmer Singh and his brother Nasib Singh were going from Kurali towards Patiala on a bicycle. Jasmer Singh was paddling the cycle, Whereas Nasib Singh was sitting on the rear seat. At about 7/8 p. m. , when they were near Village Chanalan, a truck bearing registration No. CHW-4727 came from behind and dashed against the cycle, on which both Jasmer Singh and Nasib Singh fell down on the ground. Jasmer Singh received multiple injuries and was removed to the village by Nasib Singh and after some time, the truck driver and its owner i. e. Gopal Chand and Baldev Singh respectively came to the village and requested the deceased not to lodge a report and promised that they would pay compensation to Jasmer Singh who was then alive. Jasmer Singh, however, died at about 12 mid night on account of the injuries that he had sustained and was cremated in the village thereafter. After the cremation of the deceased, both the driver and owner of the offending truck i. e. respondents No. 1 and 2 refused to pay the compensation, on which an FIR was lodged in Police Station, Kurali. The present claim application was also preferred by the heirs of the deceased i. e. his wife Pritam Kaur and his two minor children Sarabjit Kaur and Bhupinder Singh on account of his death.

(2.) THE respondents put in appearance and while admitting the factum of the accident, pleaded that the same had not taken place, due to negligence of the truck-driver. The Insurance Company i. e. respondent No. 3 also put in appearance and pleaded in the like manner.

(3.) ON Issue No. 1 the Tribunal held that it stood proved that the accident of the contributory negligence on the part of the deceased Jasmer Singh and the truck driver in equal shares. On Issue No. 2, it was found that the salary of the deceased at the time of the death was Rs. 853. 60 and after computing the annual dependency of Rs. 500.00 in the hands of the claimants, and applying a multiplier of 16, and making a cut of 50% on account of the contributory negligence of the deceased, granted a compensation of Rs. 48,000.00 alongwith interest Aggrieved thereby, the present appeal has been filed by the claimants whereas Cross-objections have been preferred by respondent No. 3.