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Janki Devi and anr. Vs. Atma Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported in1(1984)ACC321
AppellantJanki Devi and anr.
RespondentAtma Singh and ors.
Cases ReferredLachhman Singh v. Gurmit Kaur
Excerpt:
- .....years of age and his two children rajinder kumar sharma, aged 21 years and kiran sharma, aged 16 years. walaiti ram sharma was a broker and carried on business as partner of m/s. w.a. sharma and company at batala. according to the income-tax assessment orders on record, his income during the year 1973-74 was rs. 5380/-; while in 1974-75 it was rs. 10850/- and in 1975-76 it was rs. 10,240/-. in other words, the income of the deceased was over rs. 10,000/- at the time of his death. applying here the principles as laid down by the full bench in lachhman singh v. gurmit kaur 1979 p.l.r. 1, the loss to the claimants may be computed at rs. 7,000/- per annum. the appropriate multiplier in this case deserves to be taken at 8. on this calculation, the claimants must be held entitled to and are.....
Judgment:

S.S. Sodhi, J.

1. On August 23, 1975 at about 3.45 P.M. there was an accident between two buses belonging to Punjab Roadways. This happened on the Ludhiana--Jalandhar Road near village Chachrari. Amongst the persons killed in this accident, was Walaiti Ram Sharma.

2. In the claim for compensation put in by Smt. Janki Devi the widow of the said Walaiti Ram Sharma and their children Rajinder Kumar Sharma and Kiran Sharma, the Tribunal held in favour of the claimants on the issue of negligence and awarded Rs. 30,000/- as compensation.

3. The claim in appeal now is for enhancement of compensation.

4. Walaiti Ram Sharma, deceased was 54 years of age at the time of his death. He died leaving behind his widow Smt. Janki Devi who was 47 years of age and his two children Rajinder Kumar Sharma, aged 21 years and Kiran Sharma, aged 16 years. Walaiti Ram Sharma was a broker and carried on business as partner of M/s. W.A. Sharma and Company at Batala. According to the Income-tax assessment orders on record, his income during the year 1973-74 was Rs. 5380/-; while in 1974-75 it was Rs. 10850/- and in 1975-76 it was Rs. 10,240/-. In other words, the income of the deceased was over Rs. 10,000/- at the time of his death. Applying here the principles as laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1, the loss to the claimants may be computed at Rs. 7,000/- per annum. The appropriate multiplier in this case deserves to be taken at 8. On this calculation, the claimants must be held entitled to and are hereby awarded Rs. 56,000/- as compensation for the loss suffered by them. Out of the amount awarded, a sum of Rs. 16,000/-shall be paid to the claimant Kiran Sharma while the balance shall be paid to the widow Smt. Janki Devi. The claimants shall be entitled to interest at the rate of 12 per cent per annum on the amount awarded from the date of the application to the date of the payment thereof. This appeal is consequently accepted to this extent. There will, however, be no order as to costs.


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