Smt. Chawli and Others vs Madan Lal and Another

S.S.Sodhi, J.—The claim in appeal here is for enhanced compensation. The claimants being the widow and three minor sons of Sohan Lal deceased, who was run over and killed by the truck HRH- 4970. This happened on the Barwala - Hissar Road at about 12.00 Noon, on February 21,1980. Holding that the accident had been caused entirely due to the rash and negligent driving of the truck- Driver, a sum of Rs. 12,000/- was awarded as compensation to the widow and the minor sons of the deceased.

The evidence on record shows that Sohan Lal deceased was a little under 60 years of age at the time his death. According to both his son P.W.3 Devat and his widow P.W. 8, Chawli, he was a carpenter and used to earn Rs. 30/- or 40 per day as such. The evidence of these witnesses to the effect that the deceased used to work as a carpenter was not challenged in the cross - examination, but it does . appear that his employment as such was not constant but that it was only periodically that he got an opportunity to earn his livelihood by working as carpenter.

The next important point to bear in mind is the age of the deceased which would undoubtedly have a direct bearing on the number of years that he could have continued working as carpenter had he lived.

Turning now to the claimants, the widow-Chawli was only 50 years of age at the time of her husband''s death and then there are his three minor children who were dependent upon him.

Taking an over-all view of the circumstances particularly the age and earning capacity of the deceased and similarly the age and dependency of the claimants upon the deceased in the light of the principle laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1 : (1984)1 A.C.C. 489, it would be fair and just to enhance the compensation to Rs. 20,000/-.

The claimants are accordingly hereby awarded a sum of Rs. 20,000/- as compensation 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 amount awarded. Out of the amount awarded, a sum of Rs. 2500/- each shall be payable to the sons of the deceased and the balance to his widow. The liability for the compensation awarded shall be joint and several of Madan Lal and Baru Ram respondents.

This appeal is accordingly hereby accepted with costs. Counsel fee Rs. 300/-.