CHAWLI Vs. MADAN LAL

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimants being the widow and three minor sons of Sohan Lal deceased, who was run over and killed by the truck HRH- 4970. This happened on the Barwala - Hissar Road at about 12.00 Noon, on February 21,1980. Holding that the accident had been caused entirely due to the rash and negligent driving of the truck- Driver, a sum of Rs. 12,000/- was awarded as compensation to the widow and the minor sons of the deceased.

(2.) THE evidence on record shows that Sohan Lal deceased was a little under 60 years of age at the time his death. According to both his son P.W.3 Devat and his widow P.W. 8, Chawli, he was a carpenter and used to earn Rs. 30/- or 40 per day as such. The evidence of these witnesses to the effect that the deceased used to work as a carpenter was not challenged in the cross - examination, but it does . appear that his employment as such was not constant but that it was only periodically that he got an opportunity to earn his livelihood by working as carpenter.

(3.) TURNING now to the claimants, the widow-Chawli was only 50 years of age at the time of her husband's death and then there are his three minor children who were dependent upon him.