LAWS(P&H)-1998-11-23

AMRIT KAUR Vs. CHANDIGARH TRANSPORT UNDERTAKING

Decided On November 12, 1998
AMRIT KAUR Appellant
V/S
CHANDIGARH TRANSPORT UNDERTAKING Respondents

JUDGEMENT

(1.) The widow and two children have filed this appeal. They claim that the compensation of Rs. 72,000/- awarded by the learned Single Judge on account of the death of Avtar Singh (husband of appellant No. 1) is grossly inadequate.

(2.) A few facts may be briefly noticed:-

(3.) The claimants appealed. The learned single Judge has found that the bus as well as the deceased Avtar Singh were "to be equally to blame for the acci- dent". It has also been found that the bus driver "did not exercise the due care and caution enjoined upon him while going across this T-junction". Finding the annual dependency to be Rs. 9,000/-, the learned single Judge applied a multiplier of 16 and quantified the total compensation at Rs. 1,44,000/- After making an allowance "for the contributory negligence", it was held that an amount of Rs. 72,000/- along with interest at the rate of 12 per cent shall be payable to the claimants. It is in this background that the present Letters Patent Appeal has been filed.