GHHAGAN KANWAR Vs. NAINU RAM

JUDGEMENT

(1.) ON 30th of November, 1983, at about 7 -30 P.M. Tanker No. R.J.Q. 3905, driven by respondent No. 1, dashed with the Motor cycle and crushed Chandra Sen Singh. Pritam Das, who was also in the motor cycle was thrown 15 ft. away from the main road in its left side near Jawai Canal. Chandra Sen Singh, who was also thrown by this impact of the accident became unconscious and then was brought in Car by Jai Singh, AW 2, who was coming from Sumerpur side, to the hospital in Pali but Chandra Sen Singh succumbed to the injuries and could not be saved, in the night The Tribunal, in this respect, found that the truck No. R.J.Q. 3905 was being driven rashly and negligently and the accident happened in which the late Chandra Sen Singh died, due to the injuries caused in the accident,

(2.) THE claimants are, widow and sons and daughters of Chandra Sen Singh. The Tribunal has allowed compensation by applying the multiplier of 9 years and treating the dependency benefits at Rs. 350/ - per month from the deceased who was 46 years of age at the time of death.

(3.) MR . Gupta appearing for the claimants has pointed out that the deceased was of 46 years only and in such cases, the normal age upto which the deceased would have worked and earned, should be treated on the basis of the earlier procedence as 65 to 70 years. He also submits that in view of the fact that the deceased had a family in which there are, in addition to the widow and 5 children, who are almost minor or just attained majority, the finding of the Tribunal that deceased was given benefit only of Rs. 350/ - is grossly erroneous. Mr. Gupta, in this respect, has placed reliance upon R.S.R T.C. v. Kistoori Devi and Ors. 1986 ACJ 960 and Sukhpal Singh v. Darshana Rani and Ors. 1986 ACJ 776 in which, in such circumstances, the multiplier applied is based on the expectation of the life and earning and compensation was given normally upto 65 to 70 or so. According to him, in such cases the multiplier of atleast 16 should be applied and further the benefit to the dependents which they were expecting to get and which they were getting should be atleast Rs. 500/ -.