Sheela Rani and Others vs Sarwan Singh and Others

S.S. Sodhi, J.—The claim in appeal here is for enhanced compensation. The claimants being the mother, widow and minor children of Kundan Lal Khanna deceased, who was killed while travelling in the Haryana Roadways Bus HRU-2806 when it was involved in an accident with the truck JKQ-7031 coming from the opposite direction. This happened at about 4.30 A.M. on February 13, 1983 in the area of village Bara near Sirhind. It was the finding of the Tribunal that the accident had been caused due to the rash and negligent driving of the bus-driver. A sum of Rs. 67,200/- was awarded as compensation to the claimants.

A reference to the evidence on record would show that Kundan Lal Khanna deceased was about 43 years of age at the time of his death. He died leaving behind his widow Sheela Rani, four sons and two daughters ranging in age from 8 to 16 years, besides his 60-years old widowed mother, who were all dependant upon the deceased. Kundan Lal Khanna deceased was employed as a fore-man with Haryana Roadways, Gurgaon and his salary as such was over Rs. 1500/- per month. It is now well-settled, as was Laid down in Lachhman Singh and Others Vs. Gurmit Kaur and Others, that the compensation to be assessed is the pecuniary loss caused to the dependents by the death of the person, concerned and for the purpose of calculating the just compensation, annual dependency of the dependants should be determined in terms of the annual loss accruing to them due to the abrupt termination of life. For this purpose, annual earnings of the deceased at the time of the accident and the amount out of the same which he was spending for the maintenance of the dependents will be the determining factor. This basic figure will then have to be multiplied by a suitable multiplier. The suitable multiplier shall be determined by taking into consideration the number of years of the dependency of the various dependants, the number of years by which the life of the deceased was cut short and the various imponderable factors, such as early natural death of the deceased, his becoming incapable of supporting the dependants due to illness or any other natural handicap or calamity, the prospects of remarriage of the widow, the coming up of age of the dependents and their developing independent sources of income as well as the pecuniary benefits which might accure to the dependents on account of the death of the person concerned.

A Division Bench of our High Court in Asha Rani and Others Vs. Union of India, held that the normal multiplier should be sixteen in such case. It was so held after taking note of Lachhman Singh''s case (supra).

Keeping in view the principles Laid down by the Full Bench in Lachhman Singh''s case (supra), in the context of the circumstances and situation of the claimants, it would be fair and just to hold that the financial loss suffered by the claimants on account of the death of the deceased could not be less than Rs. 1,000/- per month - may be a little more too. The suitable multiplier to be applied would clearly be ''16''. Computed on this basis, the figure would work out to Rs. 1,92,000/- which may be rounded off to Rs. 2,00,000/-. (Rs.Two lacs only).

The compensation awarded to the claimants is accordingly hereby enhanced to Rs. 2,00,000/- 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. Out of the amount awarded a sum of Rs. 10,000/- shall be paid to the widowed mother of the deceased and Rs. 15,000/- each to his children and the balance to his widow-Sheela Rani. The amount payable to the minor claimants shall be paid to them in such manner as the Tribunal may deem to be in their best interest.

This appeal is consequently hereby accepted. In the circumstances, however, there will be no order as to costs.