PHOOLAN RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral) - A young man of 27 years selling artificial jewellery in Sector 19-C, Chandigarh died leaving behind his mother who was dependent upon him, her husband having died already.

(2.) THERE is no need to go into the details of the case as the only prayer made in this appeal is for enhancement of the compensation as has been granted by the learned Motor Accident Claims Tribunal. A hapless mother in a petition filed by her under Section 110A of the Motor Vehicles Act had claimed a sum of Rs. Two Lacs. It was pleaded and sought to be proved that the deceased was earning Rs. 3,000/- per month. With a view to substantiate the plea brother of the deceased appeared and deposed that the deceased was earning Rs. 150/- per day. There was no rebuttal to the evidence led by the claimant, and yet the Tribunal came to the conclusion that the deceased must have been earning around Rs. 20/- per day. In view of this Court the income of the deceased as has been assessed by the Motor Accident Claims Tribunal is not based on the evidence that was recorded but is based merely on conjectures and surmises. Even if some attempt was made to exaggerate the income of the deceased, the very fact that he was selling artificial jewelry in Chandigarh, it could not be said that he was earning less than Rs. 40/- per day. The Motor Accident Claims Tribunal applied a multiplier of ten which appears to be just and proper. Mr. S.M. Sharma, DAG appearing for the State under the weight of facts and circumstances could not dispute the same and also stated that the just and proper compensation in this case should be by assessing the income of the deceased at the rate of Rs. 40/- per day. That being the situation, the claimant, as referred to above, the mother of the deceased is held entitled to Rs. 96,000/-. She is also held entitled to interest at the rate of 12% per annum from the date of making application before the Motor Accident Claims Tribunal.