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2003 DIGILAW 586 (PNJ)

Hardev Kaur v. Ajit Singh

2003-04-24

HARJIT SINGH BEDI

body2003
JUDGMENT H.S. Bedi, J. - By this judgment, FAO Nos. 854 and 855 of 1985 are being disposed of as they arise out of the award of the Motor Accident Claims Tribunal, Ludhiana dated 19.3.1985. The facts have been taken from FAO No. 854 of 1985. 2. On 12.7.1983 at about 12.30 P.M., deceased Swaran Singh was going on his scooter No. PBO-5202 alongwith his daughter Harbhajan Kaur and her children, two in number, in the area near Kara Bara Chowk, Ludhiana when a bus bearing registration No. HYE-2745 belonging to the Haryana Roadways and being driven by Ajit Singh (respondent No. 1) struck against the scooter killing Swaran Singh at the spot and causing injuries to Harbhjan Kaur and her children. Two claim petitions were thereafter filed on by Hardev Kaur, the widow and other legal heirs of the deceased, Swaran Singh, claiming a sum of Rs. 1,50,000/- by way of compensation on the plea that he had been working in the Block Primary Office, Nawansheher and was drawing a salary of Rs. 800/- per month and was entitled to compensation on that basis, and the other by Harbhajan Kaur. Two sets of issues were framed on the pleadings. Hardev Kaurs case :- "1. Whether Swaran Singh died on account of rash and negligent driving of Bus No. HYE-2745 driven by Ajit Singh which resulted into an accident with scooter PBQ-5202 driven by Swaran Singh deceased ? 2. Whether the claimant is entitled to any compensation ? If any from whom and how much ? 3. Whether the claimants are the heirs of the deceased? 4. Relief. Harbhajan Kaurs case 1. Whether Harbhajan Kaur was injured on account of rash and negligent driving of bus No. HYE-2745 ? OPA 2. Whether the applicant is entitled to compensation, if so how much and from whom ? OPA 3. Relief." 3. The Tribunal vide its award dated 19.3.1985 (while dealing with the issue with regard to the negligence) observed that the accident had happened on account of the rash and negligent driving of the bus by its driver Ajit Singh. On issue No. 2, the Tribunal assessed the income of the deceased at Rs. 780/- per month and after deducting 1/3 as the expenses that he would be spending on himself, calculated the dependency of the claimants at Rs. On issue No. 2, the Tribunal assessed the income of the deceased at Rs. 780/- per month and after deducting 1/3 as the expenses that he would be spending on himself, calculated the dependency of the claimants at Rs. 6240/- per annum and by applying a multiplier of 5 as he was 53 years of age at the time of his death, awarded a total sum of Rs. 37,440/- by way of compensation. 4. The Tribunal also examined the matter with regard to the claim of Harbhajan Kaur, injured-applicant and by observing that she had suffered permanent disability to the extent of 35% which was likely to improve with the passage of time, awarded a sum of Rs. 16,446.60 in all by way of compensation, under the following heads :- For pain and suffering Rs. 5,000/- For hospital expenses Rs. 1446.60 For permanent disability Rs. 10,000/- Total Rs. 16446.60 5. It was also directed that in case the compensation was not deposited within two months from the date of the award, interest at the rate of 12% P.A. was to be payable to both sets of claimants. 6. Aggrieved by the award of the Tribunal, two appeals have been filed, one by the widow and order legal heirs of the deceased and the another by Harbhajan Kaur (injured). 7. It has been contended by Mr. Sharma, the learned counsel appearing for the appellant that the multiplier of 6 with respect to Swaran Singh was inadequate and in the circumstances, as per the Schedule appended to the Motor Vehicles Act, the multiplier of 11 would have been an appropriate one. 8. To my mind, there is merit in this plea. As the deceased was 53 years of age at the time of his death, a multiplier of 11 would be a suitable multiplier. Thus, by applying a multiplier of 11 on the dependency assessed by the Tribunal, the total compensation to which the appellants would be entitled would come to Rs. 68,640/- which is rounded off to Rs. 70,000/-. 9. The case of Harbhajan Kaur must now be examined. It has come in the evidence of AW-4, Dr. Ravi A. Massey, Registrar, that on an examination of Harbhajan Kaurs injuries he had found three injuries on her person, i.e., on an open fracture, another a closed head injury and a third which was a lacerated wound on the right eyelid. The case of Harbhajan Kaur must now be examined. It has come in the evidence of AW-4, Dr. Ravi A. Massey, Registrar, that on an examination of Harbhajan Kaurs injuries he had found three injuries on her person, i.e., on an open fracture, another a closed head injury and a third which was a lacerated wound on the right eyelid. He also opined that first two injuries were grievous in nature. Dr. Y.C. Markan (AW-5), who had examined Harbhajan Kaur had observed that her fracture had not united properly and the disability was to the extent of 35%, though there was possibility that it might improve with the passage of time, yet she would never be fully normal. 10. I am, therefore, of the opinion that a sum of Rs. 10,000/- awarded towards permanent disability is on the lower side and the same is increased to Rs. 15,000/-. The award in respect of Harbhajan Kaur is accordingly modified and she would be entitled to a sum of Rs. 21446.60 which is rounded off to Rs. 22,000/- by way of compensation. The claimants would also be entitled to interest on the aforesaid amount from the date of the filing of the claim petition till the date of payment. The appeals stand allowed in the above terms. Appeals allowed.