OM WATI Vs. BHARAT SINGH

JUDGEMENT

(1.) These four appeals arise out of one accident. LPA Nos. 859 of 1986 and 104 of 1987 have been filed by the claimants with the prayer that the compensation awarded by the learned Single Judge be enhanced. LPA Nos. 23 and 24 of 1987 have been filed by the State Government with the plea that the scooter driver having been found to be negligent, the Motor Accident Claims Tribunal had rightly rejected the claim for compensation. It is maintained that the learned Single Judge has erred in awarding the compensation. A few facts may be noticed.

(2.) On July 8, 1980, Kanchi Lal was driving his Scooter No. DAK-4793. Amin Chand was sitting on the pillion. The scooter had an accident with Haryana Roadways Bus No. HRC-7601 which was being driven by Bharat Singh. Kanchi Lal died on the spot. Amin Chand died on his way to the hospital. Both were young and in their early thirties. While Kanchi Lal was 34 years old, Amin Chand was aged 33 years. Both left behind their widows and minor children.

(3.) An examination of the evidence, the Accident Claims Tribunal found that Kanchi Lal was doing business of selling lubricants. He was earning Rs. 1,200/- per month. Amin Chand was working as a salesman. His salary was Rs. 700/- per month. On this basis, it was held that the families of the two deceased persons had suffered a loss of Rs. 735/- per month and Rs. 465/- per month respectively. Even though, it was held that a multiplier of 12 would be applicable, yet, the claim was rejected by the Tribunal with the finding that Kanchi Lal was negligent in driving the scooter.