Lachman Singh And Ors. vs Gurmit Kaur And Ors. on 1 January, 1800
7. After having heard learned counsel for the parties and perusing the paper book, this court is of the view that the income of the deceased was rightly assessed at Rs. 995.30p. but the Tribunal fell in error in assessing the monthly income of the deceased at Rs. 1500/- Keeping in view the future avenues of promotion. The Tribunal ought not to have taken into consideration the future avenues of promotion. The settled principle of law in Lachman Singh and Ors. v. Gurmit Kaur and Ors., (1979)81 P.L.R. 1 (Full Bench) is that the compensation to be assessed is the pecuniary loss caused to the dependents by the death of the person concerned. For the purpose of calculating the just compensation, annual dependency of the dependents should be determined in terms of the actual loss accruing to them due to the abrupt termination of life. For this purpose, annual earning of the deceased at the time of the accident and the amount out of the same which he was spending for the maintenance of the dependents will be the determining factor. This basic figure will then be multiplied by a suitable multiplier.