SUSHIL KUMAR Vs. JOGA SINGH

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Kapurthala.

(2.) RAJ Kumari, a school teacher, while returning home after attending the school met with an accident with truck bearing No. PNB 1105 and as a result of which she was crushed underneath the truck and was declared dead. The Tribunal on the basis of evidence has returned the finding that she died on account of rash and negligent driving of truck by Joga Singh, driver of the truck. With regard to compensation, the Tribunal determined the dependency of minor children at Rs. 200/- per month. Applying the multiplier of 8, the Tribunal awarded a sum of Rs. 20,000/- in all which amount was made liable to be paid by the insurance company. The claim of Sushil Kumar, husband of Raj Kumari, was declined.

(3.) THE pecuniary loss accruing to the husband or the Children on the death of wife or mother, as the case may be, can arise under one or more of the various heads as catalogued in Kemp and Kemp on Quantum of Damages, Volume I, these being: