HARYANA ROADWAYS Vs. VIDYAWATI AND ORS.

JUDGEMENT

(1.) THIS is an appeal filed by the Haryana Roadways against the order of the Motor Accidents Claims Tribunal, dated 28th July, 1976. The appeal was admitted only on the question of quantum of compensation awarded by the Tribunal.

(2.) MOHINDER Nath, who was riding on a cycle, met with an accident on 8th July, 1974, with a bus owned by the Haryana Roadways, and died as a result thereof. He left behind his widow Smt. Vidya Wati, two minor sons Sukhvinder Kumar and Vijay Kumar and two minor daughters Santokh Kumari and Sunita Kumari, who filed the present claim petition before the Tribunal The learned Tribunal has awarded Rupees 75,000/ - as compensation to the claimants. Mohinder Nath, deceased, was employed as a Patwari at the time of the accident. From the documentary evidence sworn by Sudarshan Kumar (A.W. 7) Clerk, the monthly emoluments of Mohinder Nath were Rs. 413 excluding house rent allowance. According to the finding of the learned Tribunal, Rs. 100/ - would have gone for his personal maintenance leaving a balance of less than Rs. 275/ - per month for the maintenance of his family members. Taking into consideration the rising prices of the commodities of the daily use and the circumstances of the case and the fact that the applicants had to be paid the amount in lump sum and the chance of the deceased falling ill or having his life cut short, a sum of Rs. 75,000/ - was held to be a fair estimate of compensation.