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Jasmeet Kaur and ors. Vs. Anant Ram and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported in2(1985)ACC280
AppellantJasmeet Kaur and ors.
RespondentAnant Ram and ors.
Excerpt:
- - 1. seen in this light, 16 would clearly be the appropriate multiplier to be applied in this case. the amount payable to the minor claimant shall be paid to them in such manner as the tribunal may deem to be in their best interest......in appeal here is for enhanced compensation. the claimants being the widow and children of sukhdev singh bhatia deceased, who was run over and killed by the rash and negligent driving of the tractor hrl 1308. the deceased was standing near the weigh-bridge on one gurbaksh singh when this happened. this occurrence took place at yamuna nagar on february 22, 1978. the compensation awarded was rs. 57,600/-.2. the evidence on record shows that sukhdev singh bhatia deceased was only 40 years of age at the time of his death. he died leaving hehind his widow jasmeet kaur, aged 33 years and their three minor children ranging in age from 6 to 12 years. all the claimants were dependent upon the deceased.3. further, it has come in evidence that sukhdev singh bhatia deceased was a timber merchant and.....
Judgment:

S.S. Sodhi, J.

1. The claim in appeal here is for enhanced compensation. The claimants being the widow and children of Sukhdev Singh Bhatia deceased, who was run over and killed by the rash and negligent driving of the tractor HRL 1308. The deceased was standing near the weigh-bridge on one Gurbaksh Singh when this happened. This occurrence took place at Yamuna Nagar on February 22, 1978. The compensation awarded was Rs. 57,600/-.

2. The evidence on record shows that Sukhdev Singh Bhatia deceased was only 40 years of age at the time of his death. He died leaving hehind his widow Jasmeet Kaur, aged 33 years and their three minor children ranging in age from 6 to 12 years. All the claimants were dependent upon the deceased.

3. Further, it has come in evidence that Sukhdev Singh Bhatia deceased was a timber merchant and was also a Government contractor. It was the unchallenged testimony of A.W-3. Balbir Singh, the brother of the deceased, that he had an income of Rs. 18,000/- per annum. In the claim application, however, Rs. 15,000/- per annum was mentioned as the income of the deceased and this is the figure that the Tribunal took as the income of the deceased.

4. The compensation payable in such cases has to be assessed keeping in view the situation and the circumstances of the claimants and the deceased in the context of the principles laid down by the Full Bench in Lachhman Singh v.Gurmit Kaur, 1979 P.L.R. 1. Seen in this light, 16 would clearly be the appropriate multiplier to be applied in this case. It would be fair and just to take the loss to the claimants at Rs. 10,000/- per annum. This would work out to Rs. 1,60,000/- The amount claimed was, however, only Rs. 1,50,000/- and consequently, the award must be restricted to this sum.

5. The compensation payable to the claimants is hereby enhanced to Rs.1,50,000/- which they shall be entitled to alongwith interest at the rate of 12 per cent per annum from the date of the application to the date of payment of amount awarded. Out of the amount awarded, a sum of Rs. 25,000/- each shall be payable to the children of the deceased and the balance to his widow. The amount payable to the minor claimant shall be paid to them in such manner as the Tribunal may deem to be in their best interest.

6. The liability for the payment of the amount awarded shall be joint and several of the driver and owner of the tractor involved in the accident. No liability can be fastened upon the Insurance Company with which the tractor was insured in view of the fact that the driver of the tractor was not possessed of any driving licence. 2.

7. This appeal is consequently accepted with costs. Counsel's fee Rs. 500/-.


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