MANJIT KAUR Vs. DEOL BUS SERVICE

JUDGEMENT

(1.) The claim in appeal here is for enhanced compensation. The claimants being the widow, daughter and mother of Major Singh deceased who was killed when the matador he was driving got involved in accident with Bus No. PUN-2717 coming from the opposite direction. This happened at about 11.00 P.M. on July 20, 1978 on the Raikot Ludhiana Road. It was found by Tribunal that the accident had been caused on account of negligence of the bus driver and a sum of Rs. 39,312/- was consequently awarded as compensation to the claimants.

(2.) Reference to the material on record would show that Major Singh deceased who was 28 years of age at the time of his death died leaving behind his 27 years old widow Manjit Kaur and their minor daughter Satnam Kaur who was only 3 years old at that time. Major Singh was employed as a Drawing Master at the Ajitsar Khalsa High School, Jangpur in District Ludhiana. According to AW.1, Ajit Singh Headmaster of the School, the total emoluments of Major Singh deceased were Rs. 410/-p.m. In addition, as per the testimony of AW.5, Manjit Kaur, he also used to earn about Rs.100/-p.m. by driving a tempo. There is, however, no corroborating evidence to support this statement of Manjit Kaur namely that driving a tempo also constituted a source of income for the deceased. Counsel for the claimants, however, laid great stress upon the fact that it was while driving the tempo that the deceased was killed implying thereby that he was driving it as a means of additional income. The evidence on record does not at any rate show the circumstances or the capacity in which Major Singh happened to be driving the tempo when the accident occurred. This, thus does lend some credence to the plea of Manjit Kaur of driving the tempo being a source, for Major Singh to earn some extra money.

(3.) There is, however, no dispute that Major Singh had dependent upon him not only his widow and daughter but also his mother.