PUNJAB STATE ELECTRICITY BOARD Vs. RAM PIARI

JUDGEMENT

(1.) The matter here concerns the award of Rs. 86,400/- as compensation to the parents and widow Inderjit Singh deceased, who was killed when driving his auto-cycle, he was involved in an accident with the jeep PUM-1134 of the Punjab State Electricity Board, coming from the opposite direction. This happened at about 9-30 P.M. on November 5, 1982 on the Hoshiarpur-Jalandhar Road. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the driver of the jeep.

(2.) No exception can indeed be taken to the finding of negligence recorded against the driver of the jeep. It will be seen that it is founded upon the testimony of P.W. 4--Naurang Singh, who deposed to being an eye-witness to the occurrence. According to him, the accident occurred when the jeep went on to the wrong side of the road and bit into the deceased, who was travelling on his correct side. The name of this witness figures in the first information report which was lodged with utmost promptitude. Counsel for the Punjab State Electricty Board could point to no contradictions or discrepancies or any other circumstance to create any doubt in his evidence. This testimony stands unrebutted as no evidence was put-forth on behalf of the Board Even the driver of the jeep did not care to come into the witness-box to explain this accident. The finding on this issue must thus clearly be upheld and affirmed.

(3.) The quantum of compensation awarded to the claimants too warrants no interference in appeal. Inderjit Singh deceased was only about 27 years of age at the time of his death. He died leaving behind his young widow Ram Piari, who was only 22 years of age at the time besides his parents who were all dependent upon him The evidence on record shows that Inderjtt Singh deceased was working as a welder and he had learnt this trade by working with another welder. It is also on record that he had gone abroad and worked for a couple of years at Libya No evidence is however, forthcoming to substantiate the earnings of the deceased either in India or at Libya. This being so the Tribunal cannot be faulted in taking the income of the deceased to be Rs. 650/- per month and the dependency of the claimants thus to be Rs. 450/- per month. The Tribunal has also rightly taken '16' to be the appropriate multiplier. This is also in keeping with the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur,(1979) 81 P.L.R.. The compensation awarded if thus legal and just.