BACHHNI DEVI Vs. WAIZU REHAMAN

JUDGEMENT

(1.) HANS Pal son of the appellant died in a motor vehicular accident that took place on 8. 4. 1990 between a car in which the deceased was travelling and the offending truck driven by respondent No. 1. On a claim petition filed by the mother and the father of the deceased, who was aged 21 years at the time of the accident, the Motor Accidents Claims Tribunal Yamunanagar at Jagadhari vide its award dated 7. 10. 1992, awarded a sum of Rs. 1,00,000.00 as compensation by assessing the annual dependency of the appellants on the deceased at Rs. 6,000.00 P. A. and after applying a multiplier of 16. Though the exact amount of compensation calculated at the rate of Rs. 500.00 per month i. e. Rs. 6000.00 per year by applying the multiplier of 16, comes to Rs. 96,000.00 but the learned Tribunal rounded of the said amount to rupees one lac.

(2.) THE , appellants filed this appeal against the award of the learned Tribunal seeking enhancement of the compensation.

(3.) I have heard learned counsel for the parties and perused the order of the learned Tribunal. There is no dispute in this appeal is regarding income of the deceased which he might have been earning at the time of his death and regarding dependency of the appellants on him. It has come in evidence led on behalf of the claimant-appellants that their son Hans Pal was a technical man being I. T. I Certificate holder in the Trade of Wireman. He had also a licence for issuing test reports of private electric connection. It is a matter of common knowledge that normally a technical man earns some amount by doing private and part time job in addition to his job which he is otherwise doing by way of regular employment. This is not in dispute that Hans Pal was employed an apprentice in H. S. E. B. and was receiving some amount. Though the father of Hans Pal deceased, who is one of the appellants herein, While appearing in the witness box stated that Hans Pal was earning Rs. 6,000.00 per month and out of which he was contributing a sum of Rs.