PUNJAB BEWERAGES PVT LTD Vs. PUNAM GURUNG

JUDGEMENT

(1.) THE present appeal is directed against the award of the Motor Accident Claims Tribunal Amritsar, dated 24. 2. 1988. By virtue of the impugned award, the learned Tribunal awarded compensation of Rs. 98,496.00 to respondent Punam Gurung with interest at the rate of 12% per month from the date of application i. e. 28. 2. 1986.

(2.) THE relevant facts are that respondent Punam Gurung is the mother of the deceased. She had filed a claim petition Under Section 110-A of the Motor Vehicles Act, 1939, with respect to the death of her son Sandeep Gurung on 14. 12. 1985. It had been alleged that the deceased was standing with his mother and aunt for crossing the road. All of them had come to chowk Putlighar, Amritsar, for purchasing certain household goods. After making purchases, they were standing near the chowk and were about to cross it at about 2. 30 p. m. when truck bearing No. PBN 6337 belonging to M/s Punjab Beverages Pvt. Ltd. Amritsar, and driven by Tirath Singh came at a high speed. It struck the deceased Sandeep and crushed him. Sandeep Gurung died at the spot. The deceased was about 5 years of age. Compensation of Rs. 1,00,000.00 was claimed.

(3.) LEARNED Motor Accident Claims Tribunal framed issues and held that Sandeep Gurung had died as a result of the accident. It was further held that it was a case of fast and negligent driving of vehicle by Tirath Singh that Sandeep Gurung died. The learned Tribunal held that even if the child would not have been employed later, he could earn Rs. 500.00 per month on attaining adulthood. His mother, as claimed, was wholly dependent upon him. The dependency was assessed at Rs. 400.00 per month and applying the multiplier of 20, compensation was awarded. Aggrieved by the same, the present appeals have been filed; one by M/s Punjab Beverages Pvt. Limited, Amritsar and Tirath Singh and the other (F. A. O. No. 756 of 1988) by M/s Punjab Beverages Pvt. Limited, Amritsar and National Insurance Company Ltd, Amritsar. Since question involved in both these appeals is identified, by this common judgment both the appeals can be disposed of together.