PUSHPENDRA SINGH BHATI,J. - (1.) Brief facts of this case, as noticed by this Court, are that on 18.07.2001 Rajendra Paul Singh the husband of appellant No. 1 accompanied by Phoola Singh were going on a Motor Cycle from their village 36 GB to Sri Bijeynagar, and while crossing the main road going from Suratgarh to Anoopgarh, they were hit by Tanker No. R.J. 31/G-0001 which resulted into the instant death of Phoola Singh and serious injuries to Rajendra Paul Singh who also succumbed to the injuries subsequently. The said accident was reported at Police Station Sri Bijeynagar and FIR No. 209/2001 was registered under Sections 304-A, 337 and 279 of IPC. The appellants being the daughters, son and mother respectively of the deceased filed the claim petition, in which, a sum of Rs. 72,00,000/- was claimed as compensation on account of death of Rajendra Paul Singh. The owner and driver of the Tanker in question denied the liability while averring that the motor-cycle rider was negligent.
(2.) The averments made by learned counsel for the appellants/claimants are that the surviving members of the deceased are grand-mother and three children.
(3.) Learned counsel for the appellant has relied upon the judgment rendered by Hon'ble Apex Court in the matter of Municipal Corporation of Greater Bombay Vs. Shri Laxman Iyer and Anr. in appeal No. 8424/2003 on 27.10.2003, relevant portion of which reads as under:- "Keeping in view the observations made by this Court in various cases, several other factors need to be taken note of. The deceased was unmarried. The contribution to the parents who had their separate earnings being employed and educated have relevance. The possibility of reduction in contribution once a person gets married is a reality. The compensation is relatable to the loss of contribution or the pecuniary benefits. The multiplier adopted by the Tribunal and confirmed by the High Court is certainly on the higher side. Considering the age of the claimants it can never exceed 10 even by the most liberal standards. Worked out on that basis amount comes to Rs. 3.6 lakhs at the monthly expected income fixed by the Tribunal and confirmed by the High Court. Looking into the nature of the contributory negligence of the deceased after making an appropriate deduction which can reasonably be fixed at 25%, the compensation amount payable by the Corporation can be fixed at Rupees 3 lakhs including the amount awarded by the Tribunal and confirmed by the High Court for loss of expectation of life. Interest at the rate as awarded by the High Court is maintained from the date of application for compensation." ;