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Banti Devi and ors. Vs. Joga Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported inII(1984)ACC540
AppellantBanti Devi and ors.
RespondentJoga Singh and ors.
Cases ReferredLachhman Singh v. Gurmit Kaur
Excerpt:
.....to be applied and the loss deserves to be taken at rs. even if an allowance is made for some exaggeration, interests of justice clearly justify the claimants, who .are his parents, being awarded rs. the amount payable to the minor claimants shall be paid to them in such manner as the tribunal may deem to be in their best interest......a sum of rs. 10,800/- was awarded as compensation to the widow and minor children of bishan dass deceased and rs. 3,870/- to the parents of hari pal deceased.3. the controversy now in appeal is with regard to the quantum of compensation payable to the claimants in both these cases.4. the evidence on record shows that bishan dass deceased -was only 45 years of are at the time of his death. he died leaving behind his his widow and the miner children. as has been mentioned earlier, he was working as a halwai. in the claim application, it was mentioned that his income as halwai was rs. 300/- per month. no exception can betaken to this figure even if he treated as a petty shopkeeper of moderate means. applying here the principles laid down by the full bench in lachhman singh v. gurmit.....
Judgment:

S.S. Sodhi, J.

1. On the night of June, 5, 1975, while travelling on the Ropar-Nangal Road, the truck HPK 8048 took a turn and could not thereafter be controlled with the result that it went into the shop of Bishan Dass Halwai. Bishan Datt and his servant Hari Pal were sleeping in the shop at that time. They were both crushed by the truck and later died as a result of the injuries sustained by them in this accident. This happened in village Mankapur.

2. It was the finding of the Tribunal that the accident here had been caused due to the rash and negligent driving of the truck driver. A sum of Rs. 10,800/- was awarded as compensation to the widow and minor children of Bishan Dass deceased and Rs. 3,870/- to the parents of Hari Pal deceased.

3. The controversy now in appeal is with regard to the quantum of compensation payable to the claimants in both these cases.

4. The evidence on record shows that Bishan Dass deceased -was only 45 years of are at the time of his death. He died leaving behind his his widow and the miner children. As has been mentioned earlier, he was working as a Halwai. In the claim application, it was mentioned that his income as Halwai was Rs. 300/- per month. No exception can betaken to this figure even if he treated as a petty shopkeeper of moderate means. Applying here the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1, '46 would clearly be the appropriate multiplier to be applied and the loss deserves to be taken at Rs. 2,500/- per annum. This would work out to Rs. 40,000/-.

5. Turning to the case of Hari Pal deceased, he was only 15 years of age at the time of his death. The evidence shows that he was employed by Bishan Dass deceased. According to the claimants, he was been paid a salary of Rs. 150/- per month. Even if an allowance is made for some exaggeration, interests of justice clearly justify the claimants, who .are his parents, being awarded Rs. 10,000/- as compensation.

6. The compensation payable to the widow and two minor children of Bishan Dass deceased is accordingly hereby enhanced to Rs. 40,000/- while that to the parents of Hari Pal to Rs. 10,000/-. The compensation awarded to the claimants shall be paid to them along with interest at the rate of 12 per cent per annum from the date of the application to the date of payment of the amount awarded. Out of the amount awarded, a of Rs. 10,000/- each shall be payable to the children of Bishan Dass deceased and the balance to his widow. The amount payable to the minor claimants shall be paid to them in such manner as the Tribunal may deem to be in their best interest. The respondents shall be jointly and severally liable for the payment of the amount awarded.

7. Both the appeals are consequently accepted with costs while the Cross-objections are dismissed. Counsel's fee Rs. 300/-.


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