KAUSHALYA DEVI Vs. MOHAN LAL

JUDGEMENT

(1.) DESH Kumar aged 24 a maried Young man who was on his bicycle was struck by the hind wheel of Haryana Roadways bus No. HYC 130 at 7-00 P. M. on 18-10-1980 at G. T. Road, Samalkha, driven rashly by Mohan Lal resulting in his death. A few months after this occurrence, his widow remarried Smt Kaushalya Devi the mother, Jai Bhagwan and Prem Lata the minor brother and minor sister of the deceased instituted an application for compensation under Section 110-A of the Motor Vehicles Act and the Motor Accident Claims; Tribunal awarded a sum of Rs. 24,800/- to the mother and a sura of Rs. 2,000/- each to the two minor brother and sister on 10-9-1984. The present appeal has been preferred' by Smt. Kaushalya Devi the mother and others and the plea had been that though the Tribunal assessed the income of the deceased who had been doing the work of embroidery at the rate of Rs. 800/- per mensum yet awarded a meagre sum of Rs. 24,800/- to the mother.

(2.) SMT. Kaushalya Devi the mother aged 55 who was examined in the trial Court On 21-5-1981 deposed that her son used to hard cover Rs. 20/- or Rs. 25/- per day to her. The widow of the young deceased remarried within three months of the occurrence. The deceased was also assisting the mother who was also looking after his minor brother Jai Bhagwan and one minor sister Prem Lata.

(3.) AFTER hearing the learned counsel for the appellants and the learned counsel for the State of Haryana and perusal of record, it is held that the compensation awarded is at a lower side and it require enhancement. The husband of Smt. Kaushalya Devi was some time back a Chatskidar in the P. W. D. but now he bad been out of job. It is held that the deceased was certainly providing a sum of Rs. 10/- per day to the mother besides other contributions to Other members of the family. This would bring the amount of compensation to a sum of. Rs 3600/- per annum and after applying the multiple of 10, the amount of compensation comes to Rs. 36,000/- in respect of Smt. Kaushalya Devi whereas the trial Court awarded Only a sum of Rs. 24,800/ -. The sum of enhanced compensation Shall be deposited or paid to Shtimati Kaushalya Devi appellant within two months failing which the State of Haryana shall be liable to pay interest at the rate of 12 per cent per annum from the date of institution till realisation.