Smt. Anjana Devi and others vs National Insurance Co. Ltd. and another

S.S. Sodhi, J.—The claim in appeal here is for enhanced compensation, the claimants being the widow and son of Jiwan Lal Jindal deceased, who was killed while driving his scooter when he met with an accident with the car DHD 8701 coming from the opposite direction. The Tribunal placed the blame for the accident wholly upon the car driver and awarded Rs. 58,000/- as compensation to the claimants.

A reference to the material on record would show that Jiwan Lal Jindal was about 33 years of age at the time of his death. He died leaving behind his young widow Anjan Devi aged 30 years and his minor son who was 3 years old at that time. He was employed as a sales orginiser with Jindal Medicine Traders at a salary of Rs. 1,200/- per month. This was proved by the testimony of PW2 Ram Kishan Dass, the pro-pritor of the said firm, who sought to corroborate his oral testimony to this offect by the cash book of the firm which he had brought to the Court. He adverted to the regular entries in this cash book regarding the salary paid to the deceased from time to time. Ram Kishan Dass was the father of the deceased. He was recalled for further examination when he brought the ledgers of the firm too. He deposed to the corresponding entires in the ledger from the cash book to support his earlier testimony regarding the salary of Jiwan Lal Jindal. Besides this, there is the statement of the widow, Anjana Devi PW4, that the salary of her husband was Rs. 1000/-, 1200/-per month. In the face of this evidence, no exception can be taken to the Tribunal having accepted the salary of the deceased to be Rs. 1,200/ per month.

The compensation payable to the claimants in such cases has to be assessed keeping in view the principle laid down by the Full Bench in Lachhman Singh and Ors. v. Gurmit Kaur and Ors. (1979) 81 P. L. R. 1. Applying these principles in the context of the situation of the claimants and the deceased, there can be no manner of doubt that the appropriate multiplier to be applied in this case would be sixteen and the dependency deserves to be taken at ten thousand rupees per annum. So computed, the compensation payable to the claimants would work out to one lakh and sixty thousand rupees. The compensation payable to the claimants is accordingly enhanced to one lakh and sixty thousand rupees which they shall be entitled to along with interest there on at the rate of twelve percent per annum from the date of the application, before the Tribunal to the date of the payment of the amount awarded. Out of the amount awarded, a sum of seventy-five thousand rupees shall be paid to the minor son of the deceased and the balance to this widow. The amount payable to the minor claimants shall be paid to him in such manner as the Tribunal may deem to be in his best interest. The Respondents shall be jointly and severally liable for the compensation awarded.

This awarded appeal is accordingly hereby accepted with costs. Counsel''s fee five hundred rupees.