LAXMAN Vs. NAHAR SINGH

JUDGEMENT

(1.) This civil misc. appeal has been filed by the claimants, i.e., widow, minor children, brothers, sisters and parents of the deceased Mahesh who died in the accident on 24.6.1992. He was doing the. work of filling of bajri in truck No. RSL 4685 as labourer. The deceased had fell down from the truck because of the negligence of the driver. He died at the spot. The truck was insured with the respondent insurance company. At the time of accident the deceased was of the age of 21 years.

(2.) Because of the reason that the present appeal has been filed for enhancement of compensation, there is hardly any necessity to go into the other aspects of the case, i.e., in regard to negligence or the liability, etc. The Tribunal had assessed the total income of the deceased who was working as a labourer to be Rs. 900 per month and after deducting 1/3rd of the amount towards expenses of the deceased, monthly dependency was fixed at Rs. 600 and, therefore, the award of Rs. 60,000 was awarded as compensation apart from other expenses under different headings, thus total amount of Rs. 77,000 was awarded.

(3.) Counsel for the appellants submits that the Apex Court in the case of Shanti Bai v. Charan Singh, 1998 ACJ 848 (SC), in the case of a 18 years old boy belonging to labour class run over by truck leaving behind his destitute mother and two minor brothers had held that the compensation should not be less than Rs. 1,50,000 in the circumstances. It was held by the Supreme Court that taking a reasonable view of the amount which the deceased would have earned, had he survived, considering the future economic prospects of the deceased it appears fit to increase the award to Rs. 1,50,000 from an amount of Rs. 40,000 along with interest at the rate of 12 per cent per annum.