Supreme Court of India
Gurmit Kaur And Anr. vs State Of Haryana And Ors. on 7 May, 1999
Equivalent citations: II(2000)ACC329, 2000ACJ557, AIR2000SC3465, (1999)9SCC212, AIR 2000 SUPREME COURT 3465, 1999 (9) SCC 212, 2000 AIR SCW 2213, 1999 SCC(CRI) 1146, (2000) 1 TAC 203, (2000) 2 ACC 329, (2000) 1 ACJ 557, (2001) 1 ANDHWR 5
Bench: Sujata V. Manohar, R.P. Sethi
ORDER
1. Service is deemed to be effected on respondent No. 3 who is the driver of respondents 1 and 2, in view of the office report.
2. Special leave granted.
3. Heard both sides.
4. The employer of the deceased has given evidence to the effect that he operates Punjab Tourism Taxi Service as proprietor. He had employed the deceased as his driver on the said taxi on a monthly salary of Rs. 3,000/- and the deceased was also being paid Rs. 50/- per day. The widow of the deceased has also in her evidence stated that she was receiving Rs. 3,000/- per month from the deceased for household expenses. We fail to see why the High Court has reduced the income of the deceased to Rs. 1,500/-. the evidence of the doctor who had treated the deceased after the accident, to the effect that at the time of admission to the hospital the patient had given his income as Rs. 1000/- has to be weighed against the above evidence. It is not the doctor's personal knowledge that this is the income of the deceased.
5. Looking to all the circumstances, the income of the deceased can be accepted as Rs. 3000/- per month. After deducting from this salary 1/3rd amount for the personal expenses of the deceased the figure of dependency is Rs. 2,000/- per month that is to say, Rs. 24,000/- per annum. The High Court has applied the multiplier of 16 which is appropriate looking to the age of the deceased. Hence the compensation amount is enhanced to Rs. 3,84000/-.
6. The appeal is allowed accordingly. The respondents 1 and 2 are directed to pay the enhanced amount of Rs 3,84000/- to the concerned parties and in the manner laid down by the High Court in the impugned order.