MEHAR SINGH Vs. MOHINDER

JUDGEMENT

(1.) THE compensation awarded to the parents of Pritam Singh deceased warrents no interference in appeal.

(2.) ON January 24, 1982, Pritam Singh, a nine years' old student was sitting on a tractor when it met with an accident with the Truck UTX-2203 coming from the opposite direction. Pritam Singh died as a result of the injuries sustained by him in this accident. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 15,000/- was awarded as compensation to the parents of the deceased for the death of their son besides another Rs. 2000/-which was awarded to the appellant Mehar Singh for the injuries sustained by him, in this accident.

(3.) IN seeking enhanced compensation, counsel, for the claimants, in the first instance, contended that the proper multiplier here was not '16' as applied by the Tribunal, but '20'. Reliance in this behalf being placed upon the judgment of this Court in Bansi Lal and Anr. v. Sohan Singh and Ors. 1987 (1) PLR 512 : 1987 (II) ACC 499. A reading of this judgment would, however, show that it bears no resemblance to the present case, in that, the deceased there was a cook of the Punjab Police and aged 27 years and the claimants were his widow and children. In other words, that was a case of compensation in respect of a person gainfully employed, unlike here with the deceased being nine years. Old student who would undoubtedly be an expense to the family until he completed his education and then took up some gainful employment, which was still several years away. In these circumstances, the Tribunal cannot be faulted for having adopted the multiplier that it did.