AMARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by the claimants for enhancement of the claim granted by the Motor Accidents Claims Tribunal, Patiala (hereinafter referred to as 'the Tribunal'). Appellants are wife and minor children of deceased DarshanSingh who died in an accident which took place on 1.10.91 at about 9.30 p.m. on the Patiala-Pehowa Road. The deceased was going on a motor cycle which struck against the stationary tractor-trolley, as a result of which he died on the spot.

(2.) The deceased was earning Rs. 2,564 as per his salary certificate and this proof of salary was accepted by the Tribunal. However, the Tribunal also considered the fact that the deceased was a constable in Police Department and after his death, appellant No. 1 got a job as lady constable. She is getting Rs. 2,100 per month as salary in addition to the family pension of Rs. 900 per month. Appellant No. 1 also received Rs. 40,000 by way of gratuity and Rs. 20,000 as welfare fund and Rs. 22,000- Rs. 23,000 was lying to the credit of her husband in the G.P.F. account. The Tribunal of course observed that:

(3.) Therefore, the annual dependency of the claimants-appellants was reduced to Rs. 18,000 and applying a multiplier of 16 years, the figure of Rs. 2,88,800 was arrived at (the amount should have been Rs. 2,88,000 as per the calculation). Again, considering the job of appellant No. 1, it was held by the Tribunal that respondent Nos. 1 to 4 are liable to pay Rs. 2,25.000 to the claimants.