NASIB SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) THESE two Letters Patent Appeals arise out of the order dated 29. 11. 1984 of the Learned Single Judge vide which two appeals, one filed by the Claimants and the other by the New India Insurance Company were disposed of inter-alia holding that since the truck in question was transferred to the appellants Nasib Singh and Sukhdev Singh by the insured Satinder Kumar Malhotra upon whom no liability was fastened, consequently no claim can be sustained against the insurer and the Insurance Company cannot be held liable to reimburse or pay compensation to the claimants. The compensation was enhanced by the learned Single Judge from Rs. 36,000/to 60000.00 holding the appellants liable to make the payment to the claimants.

(2.) THE learned counsel for the appellants contends that the learned Single Judge has erred in enhancing the compensation by adopting a multiplier of 16 which cannot be done in the case in hand as the deceased was 42 years of age and left 17 acres of land for the claimants and the enhancement of the dependency to Rs. 300/also cannot be sustained.

(3.) THE claimants in their claim petition averred that the monthly income of the deceased was Rs. 600.00 and in the statement on oath, it was categorically stated by the widow that yearly income of the deceased was Rs. 18,000/ -.