Punjab-Haryana High Court
Shero Devi vs Vijay Kumar on 1 November, 1994
Equivalent citations: 1995ACJ681, (1995)109PLR541
ORDER H.S. Brar, J.
1. The skeleton facts are, that the deceased was 50 years old truck driver at the time of death. Dependents are a widow, three minor children, and three major children.
2. We have gone through the oral evidence read out in the Court. The owner of the truck, employer of the deceased deposed that the deceased was employed at Rs. 2000/- per month as driver. Truck driver being a skilled worker, judicial notice of the fact Rs. 2000/- per month is not un-reasonable salary of a truck driver, can be taken. Finding of the Tribunal of the income of the deceased at Rs. 1050/- per month cannot be sustained. Minimum wages provided for unskilled worker are Rs. 1200/- per month. The claimants assertion of the income of the deceased being Rs. 2000/- per month cannot be unreasonable or of ground realities.
3. In view of a large number of dependent family member, income of the deceased, cost of living with no vices or addiction to any habit. It would be reasonable to assess Rs. 200/- as the personal expenses of the deceased. Thus dependency of the claimants comes to Rs. 1800/- per month which can be termed as just expectations or dependency.
4. Keeping in view the factors viz. interest theory, age of the deceased, number of family members he was required to feed, longivity of the life etc. We are of the considered view that the multiplier of '9' has been rightly applied by the tribunal while computing compensation; particularly keeping in view of the fact that there is neither cross appeal nor there is any serious challenge to the multiplier though relied on New India Assurance Company Ltd. v. Smt. Mohinder Kaur, (1993-3) 105 P.L.R. 592 in order to apply the multiplier of 7. The deceased was 51 years old at the time of death and the multiplier of '16' was reduced to '7' There is no doubt that the multiplier was adopted in the judgment cited was '7' but the same was adopted keeping in view the peculiar facts and circumstances of that case i.e. dependents, the age longivity and other relevant factors.
5. In view of the reason stated above, we modify the award of the Tribunal and assess the just and reasonable amount of compensation at Rs. 1,94,400/-. By rounding up the figure we hold that the claimants are entitled to Rs. 2 lacs as compensation with 12% interest from date of claim petition till realization. With the said observation the award stands modified and the appeal is disposed of with no order as to costs.