Punjab-Haryana High Court
Kaushal Pal Singh And Ors. vs Nirmal Singh And Ors. on 11 February, 1988
Equivalent citations: 1(1989)ACC491
JUDGMENT Gokal Chand Mital, J.
1. Vaid Sohan Singh and Amarjit Kaur were going on motor cycle No. PNC 1674 from Patiala towards Bhiwanigarh on 16th February, 1971 at 2 p.m. Truck HRA 3895 driven by Nirmal Singh and insured with the New India Assurance Co. Ltd. came from the opposite side on a high speed, went towards its right side instead of being driven on the left' and struck the motor cycle. The driver and the pillion rider on the motor cycle were run over and they died at the spot. Heirs Of the deceased filed separate claim applications. Heirs of Vaid Sohan Singh were awarded Rs. 27,000/- by the Motor Accidents Claims Tribunal, and that matter is not before us. In the application of the heirs of Amarjit Kaur, the Motor Accidents Claims Tribunal by award dated 20th December, 1975 awarded a total sum of Rs. 15,000/-, Rs. 12,000/- for the loss suffered by the family for the work which the deceased was doing for them, and Rs. 3,000/- for the mental agony caused to the family. For awarding Rs. 12,000/-, it was concluded that as a labourer she might have got Rs. 5/- for working eight hours, whereas she was serving her family for more than eight hours and her contribution was assessed at Rs. 120/- per month. Out of it, Rs. 50/- were deducted for her meals and other benefits out of the family funds and loss to the family was calculated at Rs. 100/- per month, that is, Rs. 1,200/- per year. Since deceased was 34 years of age, and the span of age was found to be 60 years, it was concluded that for 26 years, she would have contributed Rs. 31,200/-. It was further held that on the deposit of Rs. 12,000/- in the bank Rs. 100/- per month could be fetched as interest and on that basis Rs. 12,000/- were awarded.
2. The claimants, namely, the husband and the children of the deceased filed first appeal in this Court and a learned single Judge by Judgment dated 25th May, 1982 came to the conclusion that the award of Rs. 15,000/- would meet the ends of justice. To the annual dependency of Rs. 1,200/- multiplier of 13 was applied. This is claimants' Letters Patent appeal.
3. The deceased belonged to a poor family and in poor families, the ladies have to contribute a lot in doing manual work and for her loss the family has to be reimbursed. It had come in evidence that besides doing household work, the family was keeping buffaloes and she used to look after them, If the husband of the deceased was to employ a servant to do the household work and to look after the buffaloes, we are of the opinion that he may have to spend at least Rs. 150/- p.m. and in this manner, the annual loss can be assessed at Rs. 1,800/-. To this amount, if a multiplier of 15 is applied, the amount comes to Rs. 27,000/-. In the other case also, which arose out of the same accident, on account of death of the driver of the motor cycle, to his heirs Rs, 27,000/- have been awarded and on the peculiar facts of this case, we find that there was no reason to give lesser amount to the heirs of the deceased, that is, the claimants.
4. For the reasons recorded above, we allow this appeal and after modifying the awards of the Tribunal and that of the learned single Judge of this Court, award Rs. 27,000/- to the claimants On this amount the claimants would be entitled to interest at the rate of 6 per cent per annum from the date of filing of the application till the award of the learned single Judge, that is, 25th May, 1982, and, thereafter at the rate of 12 percent per annum till payment. Since the awarded amount of Rs. 27,000/- is well within the liability of the insurance company, the entire amount would be payable by it.