USHA SONI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimants being the young widow and minor children of Dr. Narinder Kumar Soni deceased who was killed on account of the injuries sustained by him when the Haryana Roadways bus HYA-1592 came from behind and hit into his scooter. This happened on the Kalka-Pinjore road at about 8-00 A.M. on November 24, 1980. Div Narinder Kumar Soni was removed to the Post Graduate Medical Institute chandigarh soon after the accident where he succumbed to his injuries on November 27,1980. The Tribunal after holding that the accident had been caused entirely due to the rash and negligent driving of the bus driver, awarded a sum of Rs. 2,01,600/- as compensation to the claimants.

(2.) A reference to the material on record shows that the deceased N.K. Soni was only about 39 years of age at the time of his death. He died leaving behind his young widow Usha Rani, aged 32, and two minor children, a 10 years old daughter and a son who was only 6-1/2 years old at the time. All these claimants were wholly depended upon the deceased for their maintenance.

(3.) THE principles governing the assessment of compensation payable to the dependents of the deceased are those as Laid 'down by the Full Bench in Lachhman Singh v. Garmeet Kaur 1979 PLR page 1 where it is observed that the compensation be assessed is the pecuniary loss caused to the dependents by the death of the deceased and for the purpose of calculating the just compensation, annual dependency of the dependants should be determined in terms of the annual loss accruing to them due to the abrupt termination of life.' For this purpose annual earnings of the deceased at the time of the accident and the amount out of the same which he was spending for the maintenance, of the dependents will be the determining factor. This basic figure will then be multiplied by a Suitable multiplier. It was further observed that the suitable multiplier shall be determined by taking into consideration the number of years, of the dependency of the various dependents, the number of years by which the life of the deceased was cut short and the various imponderable factors such as early natural death of the deceased, his becoming incapable of supporting the dependents due to illness or any other natural handicap or calamity, the prospects of the re-marriage of the widow, the coming up of age of the dependents and their developing independent sources of income as 'well as the pecuniary benefits which might accure to the dependents on account of the death of the person concerned.