PARGAT SINGH Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) RESPONDENTS No. 1 to 5 filed a claim petition seeking compensation on account of death of one Gian Singh on 16.10.2011 due to rash and negligent driving of the offending vehicle i.e. Truck No. HR -67 -6105 which was being driven by respondent No. 6.

(2.) THE claim petition was contested by the appellant as well as respondent No. 6 stating that the accident had taken place due to negligence of the deceased himself who was paddling his bicycle without observing the traffic rules and was under the influence of liquor. The Tribunal after considering the evidence on record held that there was rash and negligent driving of the offending vehicle by respondent No. 6 which resulted into the accident in question and resultant death of Gian Singh (since deceased). Further the Tribunal assessed the income of the deceased at Rs. 5,400/ - per month and applied a cut of 1/4th towards his personal expenses for determining his annual dependency at Rs. 48,600/ - and thereafter, keeping in view that the deceased was 50 years of age at the time of accident, applied a multiplier of 9 and thus, determined the compensation payable to the claimants at Rs. 4,37,400/ -. Further a sum of Rs. 10,000/ - was awarded as loss to estate and Rs. 20,000/ - as consortium to the widow of the deceased. The claimants were further held entitled to compensation of Rs. 10,000/ - towards funeral expenses and Rs. 5000/ - towards transportation. Thus, a total sum of Rs. 4,82,400/ - was awarded as compensation to be paid to the claimants by the appellant as well as respondent No. 6 jointly and severally.

(3.) HOWEVER , learned counsel for the appellant was unable to substantiate his argument before this Court in any manner. Though it has been argued that no documentary proof was produced in support of the income of the deceased, however, it could not be disputed that monthly income of an unskilled labour in Haryana was Rs. 5400/ - per month at the relevant time.