Amini George and Another vs Bhagat Singh and Others

S.S. Sodhi, J.—The truck PUQ 3366 while overtaking a bus hit into a cycle coming from the opposite direction. Parkash Thomas George, who was driving the cycle, was killed, while his companion N.P. Venkata Raman, who was sitting on the front rod thereof sustained injuries. This happened on December 15, 1974 at about 5.30 p.m. on the Grand Trunk Road near the bye-pass at Karnal.

It was the finding of the Tribunal that the accident here had been caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 11,000/- was awarded as compensation to the claimant, she being the mother of the deceased.

The challenge in appeal now is to the quantum of compensation awarded. The claim being for enhancement thereof.

Parkash Thomas George was 18 years of age at the time of his death. He was a student at the National Dairy Research Institute, Karnal and was studying in the 1st year B.Sc. (Dairy Technical) Class at that time. It is obvious that he was a very bright student as is evident from the fact that he was one of only 32 boys selected for admission to this class from the different States of India. According to PW 3 Subash Chander Sachdeva, Junior Clerk, in this Institute, a person qualifying from the Institute normally joins a post with a starting salary of approximately Rs. 1,000/- per month. PW6 Philip Ose Thomas, Milk Commissioner of the Government of Kerala deposed that a person obtaining degree in Dairy Technology can get employment with government at Rs. 700/- to Rs. 800/- per month. In the private sector, his pay would be much higher. According to him, the prospects in this profession were very bright as there was shortage of persons with such qualifications. After seven years or so, the emoluments could rise to Rs. 1,500/- to Rs. 2,000/- per month.

The claimant Mrs. Amini George, the mother of the deceased was 45 years old at the time of the accident. The deceased had another three years or so to go before he could have earned his degree and taken up gainful employment and by that time, the claimant would have been 48 years old. Considering therefore, the age of the claimant and the circumstances in which she was placed with reference to her expectation of financial support from heirs and in the context of the principles laid down by the Full Bench in Lachman Singh v. Gurmit Kaur, 1979 ACJ 170 (P and H), 16 would clearly be the appropriate multiplier to be adopted here. In the light of the evidence on record, it would be reasonable to assume that the deceased, had he lived could have earned about Rs. 1,000/- per month, out of which he could be expected to provide for the support of his mother not less than Rs. 3,000/- per annum. So computed, the compensation payable would work out to Rs. 48,000/- , which may be rounded off to Rs. 50,000/- .

The compensation payable to the claimant Mrs. Amini George is consequently hereby enhanced to Rs. 50,000/- which she shall be entitled along with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded.

This appeal is consequently accepted with costs. Counsel fee Rs. 300/- .