Ram Murti And Ors. vs Tarlochan Singh And Ors. on 24 January, 1991

Punjab-Haryana High Court
Ram Murti And Ors. vs Tarlochan Singh And Ors. on 24 January, 1991
Equivalent citations: 1992 ACJ 341, (1991) 99 PLR 587
Author: J Gupta
Bench: J Gupta, R Mongia


ORDER

J.V. Gupta, C.J.

1. This Letters Patent Appeal is directed against the order of the learned Single Judge dated 10 -7-1986 whereby the compensation allowed by the Tribunal in an accident case was enhanced from Rs. 10,000/- to Rs. 25,000/-.

2. On 9-5-80 at 7.00 p. m., there was head on collusion between truck owned by Tirlochan Singh and driven by Krishan Lal which was insured with the New India Assurance Company and scooter owned and driven by Rajinder Singh, aged 25 years. Rajinder Singh died at the spot He was unmarried His parents, brother and sister filed claim before the Motor Accident Claims Tribunal for Rs. 1,50,000/-, when was contested on behalf of the respondents. The learned Tribunal found that the driver of the truck was negligent. As regard entitlement of compensation, it came to the conclusion that the father of the deceased was Managing Director of the Co-operative Bank, getting salary of Rs. 2,000/- per month which was self sufficient for him, However, the father had staled that the deceased sen used to pay a considerable part of his pay to his mother. From this, the Tribunal inferred that the son might have been paving Rs. 100/ per month to his mother. On that basis the learned Tribunal allowed compensation of Rs. 10,000/- payable to the mother alone.

3. In appeal the learned Single Judge found that keeping in view the totality of the facts of the case he thought it just and proper that the mother should get Rs. 25,000/- as compensation on account of the death of her unmarried son. Consequently, it was ordered that Smt. Ram Murti, mother of the deceased would be entitled to Rs. 25,000/- alongwith 12% interest from the date of filing of the claim application till realisation.

4. Learned counsel for the claimant appellants submitted that a sum of Rs. 25,000/- has been allowed by way of Compensation arbitrarily. According to the learned counsel the deceased was earning Rs. 800/- per month and was aged 25 years and, therefore a suitable multiplier should have been used. In support of his contention, he referred to Bhagwant Kaur and Anr. v. Uttam Chand, 1985 A.C.J. 713, Arjan Singh and Anr. v. Mitter Paul Khanna & Co., 1989(1) A.C.J. 487, Surjit Kaur v. Darshan Singh, 1989(1) A.C.J. 335, Kanta Kuthiala and Anr. v. Haryana Roadways though its General Manager, (1989-1) 95 P.L.R. 197, and Bimla Devi Aggarwal v. Ganda Singh, (1989-1) A.C.J. 481. On the other hand learned counsel for the respondents cited Full Bench judgment of this court reported as Smt. Bimla Devi etc. v. National Insurance Company, (1989-1) 94 P.L.R. 301 to contend that there was no evidence led that the deceased was rendering any service to the parents. There may be no chances of his doing so in the near future. It is all in the realm of conjectures. There are no peculiar circumstance justifying ft higher amount of compensation. In the said full bench judgment, a sum of Rs. 15,000/ was awarded as compensation to the claimants.

5. After hearing the learned counsel for the parties and going through the case law cited at the bar we do not find any justification for interference in the impugned order in Letters Patent Appeal. The amount was enhanced by the learned Single Judge from Rs. 10,000/- to 25,000/- keeping in view the totality of the facts of the case to be just and proper.

6. Consequently the appeal fails and is dismissed with no order as to costs.

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