S.S.SODHI,J - (1.) The appeal here is by the mother -Dalbir Kaur seeking enhanced compensation for the death of her 19 -years old son Balwinder Singh, who was killed in an accident with the U. P. State Bridge Corporation Ltd. truck UTE -5540. This happened on March 23, 1978 in Tehsil Batala in District Gurdaspur. The compensation being Rs. 7200/ -.
(2.) In the matter of the quantum of compensation payable to the claimant, there is only the statement of the mother P.W. 5 Dalbir Kaur, who deposed that her deceased son was employed as a moulder in the factory at a salary of Rs. 150/ -P. M. Besides this, he also used to help her husband in cultivation of land which he took on batai. In other words, the loss to the claimant is to be assessed not only on the basis of what the deceased earned by working in the factory, but also with reference to the services rendered to his father in the cultivation of land.
(3.) It is apparent that the claimant here belongs, to a very poor Sec. of society. In her situation, she would indeed have: been dependent upon the earnings of her deceased son. It is no doubt true that had the deceased lived, he would in due course have got married and raise a family and consequently would also have had the expenses of the family to bear reducing thereby the proportion out of this earnings which he could have spared for the maintenance of his parents. At the same time, it must also be recognized that the wages of the deceased would have correspondingly gone up, both in terms of his service in the factory as also the value of his services in agriculture.;