JAGDEV KAUR Vs. GURBACHAN SINGH
LAWS(P&H)-2006-7-601
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 26,2006

Jagdev Kaur Appellant
VERSUS
GURBACHAN SINGH Respondents

JUDGEMENT

S.D.ANAND, J. - (1.) THIS is claimants' plea for enhancement of compensation. The claimants, in their capacity as legal representatives of deceased Harjinder Singh, had filed the plea for award of compensation in respect of the death of Harjinder Singh in the impugned accident on 27.9.1987. At that time, Harjinder Singh was proceeding on motor cycle bearing registration No. PUI-7187 from his village towards Morinda on Kharar-Morinda road. He was in the area of village Sharuan when the offending vehicle i.e. bus bearing registration No. PJG-1067, owned by Punjab Roadways, Chandigarh, came from the opposite direction. It was driven by respondent No. 1 - Gurbachan Singh at that point of time at a rash speed and in a negligent manner. The offending vehicle came over to the wrong hand side of the road and hit the motor-cycle driven by Harjinder Singh who, along with the vehicle, was dragged by the bus to a distance of 50/60 feet. Harjinder Singh sustained multiple injuries and died at the spot itself. Appellant Jagdev Kaur is the wife of the deceased, appellant Vicky is a minor child of the deceased; while appellants Dilbagh Singh and Mohinder Kaur are parents of the deceased.
(2.) THE Tribunal, on appraisal of the material obtaining on the file, awarded the compensation as under: Jagdev Kaur Rs. 90,000 Vicky (minor son) Rs. 27,000 Dilbagh Singh & Mohinder Kaur Rs. 15,000 (each). It was further ordered that any amount awarded under Section 92A (old) of the Motor Vehicles Act, 1988 would be adjustable against that amount. In order to quantify the compensation payable, the Tribunal assessed deceased's monthly income as Rs. 1,000. After deducting the amount which the deceased may have been spending on personal upkeep, the monthly dependency of the claimants was assessed to be Rs. 750. In view of the fact that the deceased was aged about 29 years at the time of his death, a multiplier of 16 was applied. A sum of Rs. 2,000 was awarded in favour of Jagdev Kaur, appellant for performance of last rites of the deceased.
(3.) IN view of the fact that none turned up on behalf of the appellants, this Court has to find out the grievance from the grounds of appeal only. The averment, in the course thereof, is that the monthly income of the deceased ought to have been assessed at least Rs. 2,000; that a multiplier of 20 ought to have been applied and that interest ought to have been awarded with effect from the date of the application.;


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