REGENT COMPUTRONICS PVT. LTD.

MILAP KAUR Appellant

V/S

STATE Respondents

Referred Judgements :-

DAVIES V. POWELL DUFFRYN ASSOCIATED COLLIERIES LTD. [REFERRED TO]
TRESEDER GRIFFIN'S CASE [REFERRED TO]
BUTLER V. AMALGAMATED REMOVERS AND TRANSPORT LTD. AND GALLACHER. [REFERRED TO]
HIMACHAL GOVT. TRANSPORT SHIMLA V. JOGINDER SINGH [REFERRED TO]
PUNJAB STATE V. HARDEEP KAUR [REFERRED TO]
LORD PEARCE IN MALLETT V. MC. MONAGLE [REFERRED TO]
JASWANT KAUR V. RATTI RAM [REFERRED TO]
SABITA VATI V. RAMESHWAR SINGH [REFERRED TO]
MAJOR JAGJIT SINGH V. KARTAR SINGH [REFERRED TO]
SOOD AND COMPANY,KULU V. SURJIT KAUR [REFERRED TO]
ORISSA ROAD TRANSPORT CO. LTD. V. SIBANANDA PATNAIK [REFERRED TO]
MULTISER-VICE BOOKBINDING V. MARDEN [REFERRED TO]
PREM CHAND V. JASODA [REFERRED TO]
A.P.S.R.T. CORPORATION V. JONNALAGADDA VENKATARAM SHARMA [REFERRED TO]
KERALA STATE ELECTRICITY BOARD V. KAMALAKSHY AMMA [REFERRED TO]
UNION OF INDIA V. YASHWANT SINGH [REFERRED TO]
MANJUSHRI RAHA B L GUPTA VS. B L GUPTA:MANJUSHRI RAHA [REFERRED TO]
MADHYA PRADESH STATE ROAD TRANSPORT CORPORATION BAIRAGARH BHOPAL VS. SUDHAKAR [REFERRED TO]
MOTOR OWNERS INSURANCE COMPANY LIMITED VS. JADAVJI KESHAVJI MODI [REFERRED TO]
PREM SINGH VS. TIKA RAM [REFERRED TO]
NARAIN DEVI VS. DEV RAJ [REFERRED TO]
DHAN SINGH VS. MANGE RAM [REFERRED TO]
KHIDNI VS. DAYAL SINGH [REFERRED TO]
BHAGWATI DEVI VS. ISH KUMAR [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. SHANTI DEVI DUTT [REFERRED TO]
SATYA WATI PATHAK VS. HARI RAM [REFERRED TO]
DYER MEAKIN BREWERIES LTD VS. BIMLA GUPTA [REFERRED TO]
BIMLA PODDAR VS. UNION OF INDIA [REFERRED TO]
UNITED INDIA VS. LAKKAVAJJULA ANURADHA [REFERRED TO]
SRISAILAM DEVASTANAM V. BHAVANA PRAMILAMMA [REFERRED TO]
CHIEF ENGINEER VS. BHANUMATI MISHRA [REFERRED TO]
KRISHNAN NAIR VS. KARUNAKARAN NAIR [REFERRED TO]
JAIKUMAR CHHAGANLAL PATNI VS. MARY JEROME DSOUZA [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. BABALAL DAUD MULANI [REFERRED TO]
INDER LAL VS. NARENDRA KUMAR [REFERRED TO]
KAILASH WATI VS. STATE OF HARYANA [REFERRED TO]
STATE OF KERALA VS. THOMAS [REFERRED TO]
MRS. HIRA DEVI ETC. ETC. VS. SMT. BHABA KANTI DAS AND ORS. ETC. ETC. [REFERRED TO]

JUDGEMENT

(1.) JUDGEMENT :- The accident giving rise to this appeal occurred on Oct. 21, 1973, at about 4.30 p.m. in village Bhumain, Tehsil Nalagarh, District Solan. The husband of the first appellant and the father of the rest of the appellants, aged about 32 at the material time, died as a result of the injuries received by him in the course of the said accident.

(2.) The vehicle involved in the accident, truck No. HPB 154, was owned by the Himachal Pradesh Public Works Department (first respondent). It was being driven at the material time by the second respondent, an employee of the first respondent.

(3.) In the claim petition instituted by the appellants, compensation was claimed in the sum of Rs. 2,40,000/-. The Motor Accident Claims Tribunal found that the accident had occurred on account of the negligent act of the second respondent in reversing the vehicle in a narrow street of the village without the assistance of the cleaner to guide him. The tribunal assessed the loss of monthly dependency at Rs. 225/- and of the annual dependency at Rs. 2700/- and applied the multiplier of 18 and computed the total compensation for the loss of dependency benefit at Rs. 48,600/-. Instead of awarding the whole of the said amount as compensation, the Tribunal made air award in the sum of Rs. 25,000/- only on the ground that a deduction to the extent of about 48% was required to be made since the compensation was being received by the appellants in a lump sum and the interest earned thereon would provide them sufficient income to offset the loss of dependency benefit and also on account of the "uncertainties of the future income". Hence the present appeal.

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MILAP KAUR Vs. STATE

Referred Judgements :-

JUDGEMENT

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