High Court Punjab-Haryana High Court

Rajasthan Rajya Path Parivahan … vs Tarawati And Ors. on 28 October, 1991

Punjab-Haryana High Court
Rajasthan Rajya Path Parivahan … vs Tarawati And Ors. on 28 October, 1991
Equivalent citations: I (1992) ACC 589, 1992 ACJ 675, (1992) 101 PLR 496
Author: M Liberhan
Bench: M Liberhan, V Jhanji


JUDGMENT

M.S. Liberhan, J.

1. The appeal was admittedly filed within limitation. However, the deposit of Rs. 25,000/- which was pre-requisite for filing the appeal was made after the expiry of limitation. It is stated that the error has occurred because of the lack of advise on the part of the counsel. Keeping these facts and circumstances in view, the delay is condoned.

2. The claimants claimed a sum of Rs. 2,50,000/- as compensation on account of the death of the deceased caused by bus No. RNP-1004 owned by the appellant-respondent and driven by Kheta Ram driver, by dashing it into the scooter No. DEV-4377 on which the deceased was riding. The accident was claimed to have been caused because of rash and negligent driving of the aforesaid bus.

3. On appreciation of evidence, the Tribunal came to the conclusion that the accident has been caused on account of rash and negligent driving of the bus by its driver Kheta Ram.

4. The deceased was found to be 35 years of age and was a medical practitioner earning Rs. 1000/- per month. Thus the dependency was calculated to be Rs. 9,300/- per annum. Keeping all the facts and circumstances in view a multiplier of ’16’ was applied. By adding Rs. 1,200/- as funeral charges, a total compensation of Rs. 1,50,000/- was awarded to the claimant-respondents by the Tribunal against the appellant.

5. Learned counsel for the appellant has failed to point out any error in the judgment much less worth noticing. The judgment is well reasoned judgment and finding of fact has been arrived at after due appreciation of evidence with which we concur. Thus we find no force in the appeal and the same is dismissed with costs. Costs Rs. 1000/-. The amount deposited in the High Court be paid to the claimants.