Gurdial Singh and Others vs Prem Singh and Others

S.S. Sodhi, J.—The claim in appeal here is for enhanced compensation. The claimants being the parents of Inderjit Singh deceased, who was killed in an accident involving his motor cycle and the truck PRC 6188. This happened on February 12, 1981 on the Patiala-Rajpura Road near the Punjabi University, Patiala. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck driver.

The evidence on record shows that Inderjit Singh, deceased, was about 24 years of age at the time of his death. He was a student in B.A. Part I and besides this, he was also managing his own land and looking after the lands of his parents. The Tribunal assessed the financial loss to the parents at the rate of Rs. 300/ - per month and applying multiplier of ''4'' awarded Rs. 14,400/ - as compensation to his parents.

The parents of the deceased were no doubt of somewhat advanced age at the time of the accident, in that, the father was 61 years of age while the mother was 59 years old. It has, however, now been stated at the bar that both the parents of the deceased are still alive and in good health. Such being the situation, the multiplier of ''4'' as adopted by the Tribunal cannot be sustained. Considering that it is already over 7 years since the accident occurred, it would be reasonable, in the circumstances of the case, to take ''10'' to be appropriate multiplier, keeping in view also the principles laid down by the Full Bench in Lachman Singh v. Gurmit Kaur 1979 ACJ 170 (P and H), to the extent to which they are applicable in the present case.

The Tribunal also fell in error in assessing the financial loss to the parents at only Rs. 300/ - per month, when regard is had to the extent of the land holding that the deceased was managing and the income that could be attributed to his efforts, Rs. 400/ - per month would be the more reasonable figure to be adopted for this purpose.

The compensation computed at this rate would work out to Rs. 48,000/ - which may be rounded off to Rs. 50,000/ -.

The compensation to the claimants is accordingly hereby enhanced to Rs. 50,000/ - (Rs. fifty thousand only) which they shall be entitled to 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 accordingly hereby accepted with costs. Counsel''s fee Rs. 500/ -.