PARKASH KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimant being Parkash Kaur, widow of Parshan Singh Dhesi, a retired Superintending Engineer who was killed when, while travelling in the bus CHW 9043, he was thrown out of it on account of its fast speed on a curve. This happened on the Ropar-Anandpur Sahib Road at about noon time on May 30, 1983.

(2.) IT was the finding of the Tribunal that the accident had occurred entirely due to the rash and negligent driving of the bus. A sum of Rs. 48,000/- was awarded as compensation to the claimants--Rs. 5,000/- each to the sons of the deceased and the balance to his widow, Parkash Kaur.

(3.) A reference to the evidence on record would show that Parshan Singh Dhesi deceased was about 61 years of age at the time of his death. He was a Superintending Engineer in the State of Punjab and had taken premature retirement and had thereafter taken up employment with Continental Construction Company in Libya where he worked for about a year. On coming back to India, he took up the work of construction of the Defence Academy at Anandpur Sahib. It was the case of the claimants that this work was being done by a partnership known as Jandk Builders and Engineers of which Parshan Singh Dhesi was the Managing Partner. As Managing Partner, he used to receive a salary of Rs. 2,500/- p. m. and he also had a 12 per cent share in this partnership. Besides this, he also drew a pension of Rs. 1,300/- per month. It was on this basis that the claimant sought assessment of the compensation payable to her.