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STATE OF PUNJAB & ANR versus RAM SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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State of Punjab & Anr v. Ram Singh & Ors - FAO-830-1987 [2006] RD-P&H 4984 (28 July 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO NO.830 of 1987

DATE OF DECISION: July 19,2006

State of Punjab and another

....Appellants

VERSUS

Ram Singh and others

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri Sukhdip Singh Brar, Addl. A.G., Punjab.

Viney Mittal,J.(Oral).

The present appeal has been filed by the State of Punjab and General Manager, Punjab Roadways, Jalandhar Depot contesting the award dated May 2,1987 passed by the Motor Accident Claims Tribunal, Jalandhar.

On April 28, 1984, an accident took place and Harmeet Singh, aged 28 years, who was sitting on the pillion seat of the scooter driven by Balwinder Singh was hit by the Punjab Roadways bus No.PBJ-4584, as a result thereof, Balwinder Singh died on the spot, whereas, Harmeet Singh died later on in the hospital.

The claim petition was filed with regard to death of Harmeet Singh by his parents and minor brother and sister. The claimants claimed that the bus in question was being driven by Jaswant Singh, driver rashly and negligently and, therefore, the accident in question had taken place on account of the aforesaid rashness and negligence.

The learned Tribunal, on the basis of evidence available on record, held that the bus in question was being driven by driver Jaswant Singh rashly and negligently causing the accident in question. Consequently, the claimants were held entitled to the compensation. With regard to quantum of compensation, it was held by the Tribunal that Harmeet Singh was a graduate and was working as a Clerk in Panjab and Sind Bank, Calcutta and that he used to send money Rs.600/- per month for the maintenance of his family members. On the basis of evidence produced by the bank, the monthly salary of Harmeet Singh was determined at Rs.1364.05.

Consequently, the monthly dependency of the deceased was assessed at Rs.400/- per month. A multiplier of 10 was applied. The claimants was, thus, entitled to total amount of Rs.48,000/- alongwith interest.

I have heard Shri Sukhdip Singh Brar, the learned Additional Advocate General, Punjab appearing for the appellants and with their assistance have also gone through the record of the case.

In my considered opinion, there is no scope for interference in the present appeal. The learned Tribunal has arrived at a finding of fact that the accident in question was caused due to rash and negligent driving of Jaswant Singh. Nothing has been pointed out before this Court to arrive at any different conclusion.

The aforesaid finding of Tribunal is thus affirmed. The monthly dependency of the deceased was assessed at merely Rs.400/- per month. Once it has been concluded that Harmeet Singh was drawing a total emolument of Rs.1364.05 per month, then the aforesaid dependency of Rs.400/- per

month is wholly justified. A multiplier of merely 10 has been applied. A compensation of Rs.48,000/- has thus been assessed. The said compensation cannot be held to be excessive in any manner.

Consequently, I do not find any merit in the present appeal and the same is accordingly dismissed.

July 19,2006 (Viney Mittal)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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