STATE OF PUNJAB Vs. BASANT KAUR

JUDGEMENT

(1.) On August 9, 1987 bus No. PUU-7393 belonging to the Punjab Roadways hit the cyclist, Dharam Singh, a young man of 19 years, died. Jasbir Singh, who was sitting on the carrier had escaped. The parents and brother of Dharam Singh filed a petition under Section 110 of the Motor Vehicles Act for the award of compensation. The Motor Accident Claims Tribunal found that the accident had occurred on account of the negligence of the bus driver, it further found that Dharma was about 19 to 20 years of age. he was earning Rs. 1,000/- per month. Thus he was giving Rs. 700/-per month to his parents. Applying the multiplier of 16, the Court assessed the compensation at Rs. 1,34,400/-. After adjusting an amount of Rs. 15,000/-, which had been paid on account of no fault compensation, the Court awarded compensation of Rs. 59,700/- to each of the parents of the deceased.

(2.) Aggrieved by the award, the State of Punjab has filed this petition. The claimants have filed cross objections.

(3.) Learned counsel for the parties have been heard. Mr. Chhinna, appearing for the appellant, has contended that the deceased was educated upto Class-VII and that there is no proof that the family owned 7 to 8 acres of land. The counsel submits that there was no basis for assessing the monthly income of the deceased at Rs. 1,000/-. On this basis the compensation as assessed and awarded by the Court has been contested.