State of Punjab and Others vs Basant Kaur (Died) through LRs.

Jawahar Lal Gupta, J.—On August 9, 1987 bus No. PUU-7393 belonging to the Punjab Roadways hit the cyclist, Dharam Singh, a young man of 19 years, died. Jasbir Singh, who was sitting on the carrier had escaped. The parents and brother of Dharam Singh filed a petition u/s 110 of the Motor Vehicles Act for the award of compensation. The Motor Accident Claims Tribunal found that the accident had occurred on account of the negligence of the bus driver, it further found that Dharma was about 19 to 20 years of age. he was earning Rs. 1,000/- per month. Thus he was giving Rs. 700/-per month to his parents. Applying the multiplier of 16, the Court assessed the compensation at Rs. 1,34,400/-. After adjusting an amount of Rs. 15,000/-, which had been paid on account of no fault compensation, the Court awarded compensation of Rs. 59,700/- to each of the parents of the deceased.

Aggrieved by the award, the State of Punjab has filed this petition. The claimants have filed cross objections.

Learned counsel for the parties have been heard. Mr. Chhinna, appearing for the appellant, has contended that the deceased was educated upto Class-VII and that there is no proof that the family owned 7 to 8 acres of land. The counsel submits that there was no basis for assessing the monthly income of the deceased at Rs. 1,000/-. On this basis the compensation as assessed and awarded by the Court has been contested.

On behalf of the respondents it has been pointed out that the evidence on record clearly shows that the claimants owned land. The deceased was helping in. cultivation. The loss to the estate has already been assessed at a very low level. Thus, no ground for interference is made out.

Admittedly the deceased was only 19 years of age at the time of the accident. It has been categorically stated by A.W.2 Smt. Basant Kaur, mother of the deceased, that her husband Joginder Singh owned 7 to 8 killas of land. The Khasra Girdawari entries were in his name. Dharam Singh deceased used to work in the fields. She claimed that his income was Rs. 1,200/- per month. Learned counsel for the appellant has not been able to refer to any evidence so as to cast any shadow of doubt on the testimony of Smt. Basant Kaur. In view of her statement, it cannot be said that the Tribunal has erred in fixing the monthly income of the deceased at Rs. 1,000/-. It deserves mention that even as unskilled labourer is not available at Rs. 40/- per day. The Court has fixed the dependency at Rs. 700/- and assessed the compensation on that basis. In the circumstances of the case, it cannot be said that there is any error which may call for interference in the appeal.

The finding that the death was caused on account of the negligence of the bus driver has not even been contested. Surely a life is worth rupees one lac and thirty-four thousand in this Country.

No ground for interference is made out. Accordingly, the appeal is dismissed.

The cross-objections have not been pressed by the counsel appearing on behalf of the claimants. Consequently, even the cross-objections are dismissed.

The compensation shall now be disbursed alongwith interest as awarded by the Tribunal.

In the circumstances the parties are left to bear their own costs.