Punjab-Haryana High Court
Kanta Kathiala And Anr. vs Haryana Roadways on 10 August, 1988
Equivalent citations: II(1989)ACC211
JUDGMENT M.S. Liberhan, J.
1. The sole question raised in this appeal is that the amount of compensation awarded to the mother of the deceased is too low.
2. On 14-11-1980, deceased Kishore Kumar Kuthiala aged 25 years, working as a cashier in Oriental Bank of Commerce; drawing a salary of Rs. 750/- was killed on account of rash and negligent driving of Bus HYA 3253. The Tribunal found the dependency of the mother at the rate of Rs. 250/- per month and by adopting the multiplier of five awarded a compensation of Rs. 15,000/- with 6 per cent interest from the date of the award.
3. The learned Counsel for the appellant contends that the reasoning adopted by the Tribunal for fixing the dependency of the claimant mother at Rs. 250/- is not commensurate to his income. He was a bachelor and was living with his mother and sister. They were the only members of the faintly to whom he was supporting. It was further stated that the dependency should be calculated at least to the extent of half the income of the deceased. I find force in the contention raised by the counsel for the appellant. In view of the facts and circumstances of this case I am of the view that the dependency of the mother claimant on the deceased was at least Rs. 350/- per month.
4. The counsel for the appellant further contends that the multiplier of five adopted by the Tribunal in assessing the compensation is against all the established principles and precedents. He relied upon Asha Rani and Ors. v. Union of India 1982 PLR 486, Colonel K.S. Dhaliwal and Anr. v. Jagdeep Riar and Ors. 1986 (1) PLR 121, Mst. Dalbir Kaur v. U.P. State Bridge Corporation Ltd. Amritsar and Ors. 1986 (1) PLR 682; and Smt. Sushila and Ors. v. Delhi Union Territory and Anr. 1987 (1) PLR 58.
5. Keeping in view the multipliers adopted in the judgments cited and taking into consideration the age of the deceased, the dependency of the mother and sister on his income, their ages, and the future chances of his rising in life etc., I am of the considered view that the multiplier. This, I assess the compensation payable to the mother-claimant at Rs. 67,200/- and rounding of the figure I award Rs. 68,000/- as the compensation payble to her only. In view of the Supreme Court decision in Chameli Wati and Anr. v. Delhi Municipal Corporation and Ors. 1985 ACJ 645, the claimant shall be entitled to interest at the rate of 12% from the date of application till the date of payment.
6. There is no challenge to the finding with the respect to the rash and negligent driving of the driver and the cause of death.
7. In view of the above observations, the appeal is accepted and the award of the Tribunal is modified accordingly. No order as to costs.