VIDYA Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimants being the widow and five minor children of Inder Singh deceased who was killed when while standing on the road-side, he was run over by the truck CHW-2210. This happened at about 6-30T.M. on October 26,1982, at the Sukhpara Chowk, Rohtak. It was the finding of the Tribunal that the accident had been caused on account of the rash and negligent driving of the truck-driver. A sum of Rs. 48,000/- was awarded as compensation to the claimants.

(2.) A reference to the evidence on record would show that Inder Singh deceased was about 35 years of age at the time of his death. He died leaving behind his 30 years old widow and five minor children, four sons and a daughter who were all wholly dependant upon him. According to the widow P.W-1 Smt. Vidya, her husband Inder Singh owned five acres of land and besides being engaged in agriculture, he was also running a dairy. There is, however, no evidence to substantiate the running of the dairy by the deceased. There is no mention of the persons to whom milk was sold or from whom any cows or buffaloes had been purchased or sold. As regards agricultural income, it must be borne in mind that as the deceased was the owner of five acres of land, this land now comes to the claimants and it is reasonable to assume that they must be deriving some income from it, though of course, not to the extent that the deceased would have earned.

(3.) KEEPING this aspect in view, in the context of the other principles laid down, by the Full Bench in Lachhman Singh v. Gurmit Kaur, 1979 P.L.R.-1, in the over-all situation and circumstances of the claimants and the deceased, it would be fair and just to assess the dependency, of the claimants at Rs. 5,000/- per annum with a multiplier of '16'. The compensation payable to the claimants is accordingly hereby enahanced to Rs. 80,000/-, which the claimants shall be entitled to along with interest at the rate of 12 per cent, per annum from the date of the application to the date of the payment of the amount awarded. Out of the amount awarded, a sum of Rs. 8,000/- each shall be payable to the children of the deceased and the balance to his widow. The amount payable to the minor claimants shall be paid to them in such manner as the Tribunal may deem to be in their best interest. This appeal is accordingly hereby accepted with costs. Counsel fee Rs. 500/-.