Jarnail Singh vs Kaur Singh

G.C. Garg, J.—This order will dispose of F.A.Os 1248 and 1249 of 1997 as the same are directed against a single award dated 14.10.1996 of the Motor Accidents Claims Tribunal, Patiala.

Pala Singh, Jarnail Singh and others were travelling in a tractor on 15.12.1994 when a truck being driven by Kaur Singh-respondent hit the tractor and as a result of this, the tractor turned turtle. Pala Singh, Jarnail Singh and others received multiple injuries. Pala Singh, however, died in the hospital due to the injuries sustained by him in the accident. Jamail Singh filed claim petition u/s 166 of the Motor Vehicles Act claiming compensation for the injuries suffered by him. Parkash Kaur, widow of Pala Singh, his six minor children and his mother Ajmer Kaur also filed a separate claim petition claiming compensation for the death of Paia Singh.

The above two petitions were disposed of by a common award along with other two petitions. Learned Tribunal, on a consideration of the matter, awarded a sum of Rs. 50,000/- to Jarnail Singh as compensation for the injuries suffered by him. Learned Tribunal also awarded a sum of Rs. 1,50,000/- as compensation for the death of Pala Singh.

Dissatisfied with the quantum of compensation, the claimants filed these appeals seeking enhancement of compensation. F.A.O. 1248 of 1997 has been filed by injured Jarnail Singh whereas F.A.O. 1249 of 1997 has been filed by the widow, children and mother of deceased Pala Singh.

Learned counsel for the appellants submitted that the compensation awarded in both the cases is on the lower side and thus in the facts and circumstances of the case, it deserves to be enhanced.

Jarnail Singh suffered grievous injuries in the accident. He suffered 10% permanent disability about the functioning of clavicle bone and right arm and shoulder. He remained under treatment for his broken jaws. He suffered ordeal of operation, pain and inconvenience. Learned Tribunal having regard to all these facts, awarded a sum of Rs. 50,000/- as compensation on all counts. On a consideration of the matter, I am of the opinion that the compensation awarded to Jarnail Singh is quite just and fair and there is no scope for any enhancement. Learned Tribunal has, however, not granted interest. I, therefore, modify the award of the learned Tribunal, inasmuch as it relates to compensation to Jarnail Singh, to the extent that the appellant-Jarnail Singh will be entitled to compensation of Rs. 50,000/- with interest at the rate of 12% from the date of filing of the petition till payment minus the amount, if any already received by him.

So far as the other appeal is concerned, learned Tribunal on appreciation of evidence came to the conclusion that the deceased was aged 37/38 years at the time of accident. He was an agricultural labourer. Learned Tribunal, therefore, took his monthly income at Rs. 1,500/- and applied a cut of 1/3rd on account of his personal expenses and thus assessed the dependency of his widow, six minor children and mother at Rs. 1,000/- per month. Learned Tribunal applying a multiplier of 12, thus, awarded a sum of Rs. 1,44,000/ plus Rs. 6,000/- on account of funeral expenses etc. i.e. in all a sum of Rs. 1,50,000/-. On a consideration of the matter, I am of the opinion that learned Tribunal was not justified in assessing the dependency of the claimants on the deceased Pala Singh at Rs. 1,000/- per month only. As noticed above, the deceased left behind his widow, his mother and six minor children. Thus having regard to the persons left behind by the deceased, it cannot be said that the deceased might be spending 1/3rd of his income on himself and rest was being contributed to his family. In the facts of this case and having regard to the size of the family of the deceased, I assess the dependency of the claimants on the deceased at Rs. 1,125/- per month after applying a cut of 1/4th on account of personal expenses. The amount of compensation on calculation by taking the dependency at Rs. 1,125/- and applying a multiplier of 12 as was done by learned Tribunal, would come to Rs. 1,62,000/-. The appellants in this appeal shall, therefore, be entitled to a total compensation of Rs. 1,68,000/- including a sum of Rs. 6,000/- awarded by the learned Tribunal on account of funeral expenses, with interest at the rate of 12% per annum from the date of filing of the claim petition till payment minus the amount, if any, already received. The award of the learned Tribunal is modified to the extent indicated above and in all other respects it is maintained. The appeals stand disposed of accordingly.