Lakhbir Singh and Others vs Smt. Rekha Devi and Others

S.S. Sodhi, J.—The challenge in appeal here is to the Award of Rs. 1,80,000/- to the widow and minor children of Thorn Ram deceased, who was killed when he was run over by his own track PBJ-3665 which had been parked on the road side when the truck UTX-7637 came from behind and hit into it The standing truck was pushed ahead thereby and It then ran over Thorn Ram, deceased. This happened at about 11.30 P.M. on June 8, 1982 on the Khanaa Ludhiana Road It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of tie truck UTX-7637. A sum of Rs. 1,80,000/- was taken awarded as compensation to the claimants.

In appeal now, an attempt was, in the first instance made to question the finding of negligence recorded against the driver of the truck UTX-7637. The appellant is clearly barred from doing so keeping in view the fact that no appeal has been filed in the connected claim application arising out of the same accident, where a similar finding on the issue of negligence had been recorded. It may be clarified here that two claims for compensation arising out of this accident had been field before the Tribunal one by the parents of Pal Singh deceased, who was the cleaner of the truck PBJ-3665 and the other by the present claimants, namely; the widow and children of Thoru Ram deceased, it was the finding in both these claims that the accident had been caused, due to the rash and negligent driving of the truck UTX-7637. Mo appeal having been filed in the claim pertaining to the death of Pal Singh, this finding becomes final and it cannot, therefore, be allowed to be re-opened in appeal here. The finding on the issue of negligcnce has thus to be confirmed.

The main contest here is with regard to the quantum of compensation payable to the claimants. The evidence on record shows that Thoru Ram deceased was about 35 years of age at the time of his death. He died leaving behind his 28 years old widow-Rekha Devi and two minor sons-one aged nine and the other seven. All the claimants were wholly dependant upon the deceased.

Thoru Ram deceased was the driver and owner of the truck PBJ-3665. According to his widow, P.W. 2-Rekha Devi, her husband Thoru Ram used to pay her Rs. 2000/- per month for their maintenanee. She could not, however, corroborate this statement by bringing forth any material on record All that is there on record is a bank statement which the Tribunal chose to take into consideration even though it bed not been formally proved A reference to this statement would show that the truck had been purchased by the deceased by taken a loan of over Rs. 1,00,000/-. The pertinent thing to note is that the interest payable on this loan was invenably larger than the payments made by the deceased towards discharging it. this cannot, but be treated as a relevant pointer to the earnings of the deceased from his truck. The other factor to bear in mind is that after the death of the deceased, the truck has not come to the claimants. They have, no doubt, had to employ a driver for it, but even after making an allowance for this expanse, it is to be assumed that they must be receiving some income from the truck.

A certain amount of guess work in assessing the financial loss suffered by the claimants, on account of the death of Thoru Ram deceased is inevitable, but this had to be based upon the relevant factors as spelt out by the Full Bench in Lachhman Singh v. Gurmit Kaur (1979) 81 P.L.R.1. and also taking into account what the deceased could have earned firstly as the driver of truck and secondly, a little more too by virtue of being the owner thereof. An allowance has also to be made for what the deceased would have spent upon himself, had he lived.

in the totality of the circumstances of the case, it would be a fair estimate to assess the dependency of the claimants at Rs. 7,500/- per annum with a multiplier of''16''. So computed, compensation payable to the claimants would work out Rs. 1,20,000/-. The compensation awarded to the claimants has thus to be reduced to this figure The claimants shall however, be entitled to this sum of Rs 1,20,000/- along with interest thereon at the rate of 12 per cent per annum from the date of the application to the date of payment of the amount awarded Out of the sum awarded, a sum of Rs. 25,000/- each shall be payable to the minors of the deceased and the balance to his widow. The amount payable to the minor children shall be paid to them in such manner as the Tribunal may deem to be in their best interest.

In the result, the appeal is allowed to the extent indicated above, while the cross-objections filed by the claimants are hereby dismissed. There will, however, be no order as to costs.