Skip to content


Charno Widow of Milkhi Singh and ors. Vs. Shamsher Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported inII(1984)ACC113
AppellantCharno Widow of Milkhi Singh and ors.
RespondentShamsher Singh and anr.
Cases ReferredLachhman Singh v. Gurmit Kaur
Excerpt:
.....as state action shall always be presumed to be in accordance with law - 1, the appropriate multiplier here would clearly be 16. so computed the loss .to the claimant would work out to rs......to the claimants as compensation.2. according to the evidence of the claimant smt. charno, the widow of milkhi ram, deceased, as also that of aw. 6 inder kumar, his employer, milkhi ram was employed with goyal rice mills at a salary of rs. 225/- per month besides this he also used to be paid bonus equal to one months' salary. this being the earning of the deceased and his dependants being a and widow and four minor children, there can be no manner of doubt that he must have been spending at least rs. 150/- per month for the maintenance and up-keep of the claimants. applying here the principles as laid down by the full bench in lachhman singh v. gurmit kaur 1979 p.l.r. 1, the appropriate multiplier here would clearly be 16. so computed the loss .to the claimant would work out to rs......
Judgment:

S.S. Sodhi, J.

1. On July 30, 1977 Milkhi Ram, deceased, aged 48 years was travelling back to his village on a cart, when a Punjab Roadways bus PUG-7681 came and struck against it, as a result of which, he later died. On the finding that the accident was caused by the negligence of the bus driver, the claimants, they being the widow and four minor children of Milkhi Ram, deceased, were awarded a sum of Rs. 20,000/- as compensation for the loss suffered by them. The claim in appeal is for enhancement of the amount awarded to the claimants as compensation.

2. According to the evidence of the claimant Smt. Charno, the widow of Milkhi Ram, deceased, as also that of AW. 6 Inder Kumar, his employer, Milkhi Ram was employed with Goyal Rice Mills at a salary of Rs. 225/- per month besides this he also used to be paid bonus equal to one months' salary. This being the earning of the deceased and his dependants being a and widow and four minor children, there can be no manner of doubt that he must have been spending at least Rs. 150/- per month for the maintenance and up-keep of the claimants. Applying here the principles as laid down by the full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1, the appropriate multiplier here would clearly be 16. So computed the loss .to the claimant would work out to Rs. 28,800/-. To make it a round figure, it must be held that the claimants are entitled to a sum of Rs. 30,000/- as compensation which is accordingly hereby awarded to them. The claimants shall be entitled to this amount along with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded.

3. This appeal is consequently accepted with costs. Counsel fee Rs. 300/-.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //