RAJESH BINDAL, J. - (1.) LEARNED Counsel for the appellants states that he had tried to contact the appellants through registered post but he received it back unserved with the report that the appellants are not residing at the given address, hence, he pleads no instructions.
(2.) ACCORDINGLY , this appeal is dismissed for non-prosecution. Cross-objection No. 16 CII of 1989 Cross-objections were filed by the claimant-widow of deceased, Head Constable Randhir Singh for enhancement of compensation arising out of award of the Motor Accident Claims Tribunal, Ludhiana (for short the Tribunal) dated 15.9.1988 passed in MACT Case No. 246/27/40 of 1987/88 in appeal filed by the parents of the deceased challenging the award of the Tribunal to the extent that the compensation awarded by it deserves to be enhanced and further, the apportionment of compensation made by the Tribunal between the parents and the widow of the deceased should be modified to the extent that half of the compensation should be paid to the appellants.
(3.) BRIEFLY the facts of the case are that Head Constable Randhir Singh died in an accident in Khammano on August 31, 1987 at about 8.45 a.m. He was 32 years of age and was posted as Head Constable in Punjab Police. He was a pillion rider on a motor cycle No. PAM 5338, being driven by Head Constable Santokh Singh. The fatal accident took place with bus No. PJG 4607 belonging to Punjab Roadways, Taran Tarn Depot, owned by the State of Punjab. The factum of the accident and the negligence of the offending vehicle is not in dispute. The evidence recorded by the Tribunal to that effect has not been assailed by the State by filing any appeal. As far as determination of the amount of compensation is concerned, it has come on record that the deceased, who was working as Head Constable in Punjab Police was drawing a salary of Rs. 1,479.30 per month at the time of his death and was about 32 years of age at that time. The Tribunal, while applying cut of 1/3rd for his own maintenance, determined the dependency at Rs. 900 per month and accordingly, calculated the amount of compensation payable to the claimants i.e. the parents and the widow of the deceased at Rs. 2,20,000. Multiplier of 20 was applied. The amount of the compensation was directed to be paid along with interest at the rate of 12% and the same was directed to be shared between the claimants in the following manner: JUDGEMENT_4625_TLP&H0_2006.htm;