M.R.Shrma, J. - (1.) NIRANJAN Singh aged 50 years, her wife Devi aged 40 years and their sen aged 10 years, among others, lost their lives in an accident which took place on 8th July, 1908(sic) between jeep No DLJ(sic) 36(sic) and bus No. IJK(sic) 2281 A claim application was filed by Kashnir Singh, Balbir Singh. Jagir Singh sons of Niranjan Singh deceased and devi deceased , and Guddi and Jagiro, daughters of the aforementioned two deceased. The learned Motor Accident claims Tribunal, Ferozepore awarded them compensation as follows: Rs. 30,000/ - In respect of death of Niranjan Singh. Rs 20,000/ - In respect of the death of Smt. Devi Rs. 8,000/ - In respect of death of Tehal Singh The owners of the bus have come up in appeal before me.
(2.) NIRANJAN Singh was found to be earning Rs 300/ per month, if Rs. 100/ - are net apart for his own upkeep the monthly dependency value of the dependents comes to Rs 200/. Jagir Singh, Guddi and Jagiro were minor at the time of the accident which took place in and 12 years have passed since then In these circumstances, (allow a multiple of i3 of the annual dependency value for determining the compensation payable to the dependents. This figure comes to Rs. 31,000/ and since there is no appeal by the claimants for enhancement of the amount, the award made by the Tribunal on this point is affirmed. Smt Devi deceased was 40 years of age at the time of the accident She was earning Rs. 50 Since the was being maintained by her husband Niranjan Singh, the annual dependency value of the dependents in her case is fixed Rs 1800/ -(sic) Even if a multiple of 13 is applied, the compensation awarded to the dependents exceeds the amount of Rs. 30,000/ -. That award made by the tribunal is also affirmed
(3.) REGARDING the death of Tehal Singh, a young boy of 10 years at the time of the accident, the Tribunal has awarded Rs. 8000/ -(sic) Mr. Sahai(sic), the learned Counsel for the Appellants submitted that miscr brothers and sisters are not entitled to claim compensation in respect of death of a minor brother. I see no ground to accept this argument and on the basis of theory of service accepted by the English Courts I affirm the award made by the learned Tribunal in favour of the brothers and sisters on this point.;