SANTOSH Vs. RANJIT SINGH

JUDGEMENT

(1.) BECAUSE of the unfortunate accident on 21.12.1985 at the place called Rupangarh when truck No. RNB 948 had hit jeep RLA 5524, driver of the jeep Govind Singh died who was aged about 25 years at the time of death. At that time he was getting a monthly income of Rs. 750/ - per month. His wife Santosh aged about 23 years, his son aged about 10 months and his mother Durga preferred the claim before the M.A.C.T. The Tribunal had come to the finding that the deceased Govind Singh had died because of rash and negligent driving of truck No. RNB 948 being driven by Ranjit Singh driver, respondent No. 1. The dependency income was assessed at Rs. 500/ - per month and applying the multiplier of 35, a compensation of Rs. 2,10,000/ - was ultimately assessed and in addition consortium of Rs. 5,000/ - was granted to wife and another Rs. 5,000/ - to the minor son. The mother was not paid any amount at all. The total compensation assessed by the Tribunal came to be Rs. 2,20,000/ - and after deducting Rs. 15,000/ - as amount of no fault liability order was made to be paid Rs. 2,05,000/ - with interest at the rate of 12 per cent per annum.

(2.) THIS appeal has been filed by the claimants as aforesaid along with father and three brothers. The claim was allowed only in favour of wife and minor son. Out of compensation assessed, it was ordered that Rs. 5,000/ - be paid to the mother. The three appellants have filed the present appeal for enhancement.

(3.) IN my opinion, the minimum consortium which should be given to the widow who is about 23 years of age should be not less than Rs. 20,000/ - and similarly the son is to be also compensated by way of enhancement towards love and affection. The amount of Rs. 5,000/ - awarded to the son for loss of his father at the tender age is increased to Rs. 15,000/ -.