RAJINDER PAL SHARMA Vs. JASWANT SINGH

JUDGEMENT

(1.) This order will dispose of F.A.Os. 34 and 35 of 1997 as the same are directed against two awards passed by the Claims Tribunal on 2.9.1996 in two separate claim petitions under Section 166 of the Motor Vehicles Act which arose out of the same accident.

(2.) Ishwar Dutt and his wife Anju Bala died in a road accident which took place on 12.4.1993. Rajinder Pal Sharma, Chander Kanta Sharma, Jagmohan Sharma and Devi Nagar, father, mother, brother and married sister respectively of Ishwar Dutt filed a claim petition being MACT Case No. 19 of 1993 claiming compensation for the death of Ishwar Dutt. It was alleged that they were dependent upon Ishwar Dutt and thus entitled to compensation. Another claim petition being MACT Case No. 18 of 1993 was also filed by Rajinder Pal Sharma, Chander Kanta Sharma, Narinder Kumar and Santosh, father-in-law, mother-inlaw, father and the mother respectively of Anju Bala claiming compensation for the death of Anju Bala. They also alleged that they were dependent upon the deceased and thus entitled to compensation.

(3.) Claims Tribunal disposed of the two claim petitions by two separate awards passed on 2.9.1996. In claim petition 19 of 1993, Claims Tribunal on a consideration of the matter came to the conclusion that out of the four claimants, only the parents of Ishwar Dutt can be said to be dependent upon him and thus they are only entitled to compensation for the death of their son Ishwar Dutt and claimants Jagmohan Sharma and Devi Nagar who are brother and the sister of Ishwar Dutt cannot be said to be dependent on their brother Ishwar Dutt and they were thus not entitled to any compensation. Claims Tribunal after appreciating the evidence produced on the record further came to the conclusion that deceased Ishwar Dutt was earning a sum of Rs. 5,000/- per month and out of this amount he might be spending Rs. 4,000/- on his own family and contributing only a sum of Rs. 1,000/- per month to his parents. The parents of Ishwar Dutt were thus held to be dependent on their son to the extent of Rs. 1,000/- per month. Claims Tribunal keeping in view the age of deceased and his parents, adopted a multiplier of 10 and thus awarded a total compensation of Rs. 1,20,000/- (Rs.1,000 x 12 x 10) in favour of Rajinder Pal Sharma and Chander Kanta Sharma only, with interest.