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Judgment
M.R. Sharma, J.—This is an appeal against the order dated 29th of April, 1971, passed by the Motor Accident Claims Tribunal, Ludhiana.
On 11th of March, 1970, at about 9 P.M. Kulwant Singh, Sher Singh and Harnek Singh proceeded on two cycles to Gobindgarh from their village Niehas. The distance between the two places is about four miles. One of the cycles was being driven by Sher Singh and Kulwant Singh deceased was sitting on the carrier of the cycle. When they crossed the railway crossing near village Alaur an Oil Tanker with No. PNL 5282 appeared from the side of Gobindgarh. It was being driven at a fast speed by Raghbir Singh respondent. The Tanker struck against the cycle driven by Sher Singh and as a result of this accident Sher Singh and Kulwant Singh fell on the road. Kulwant Singh was over-run by the truck. The truck was made to stop at a distance of 8 to 9 Karams from the railway crossing towards the village Niehan, Raghbir Singh driver was apprehended by Raunqi, Harnek Singh and Kaka Singh. The matter was also reported to the police. The father and the mother of Kulwant Singh filed an application before the learned Tribunal claiming a turn of Rs. 50,000/- as compensation on the ground that Kulwant Singh died due to the negligent driving of Raghbir Singh. Raghbir Singh driver did not file any written statement and the case was contested by the Insurance Company. The learned Tribunal framed the following issues:--
Whether the accident, wherein Kulwant Singh died, resulted from the wrongful act of, i.e., negligent driving of Oil Tanker No. PNL 5282 by Raghbir Singh respondent ?
Whether Surjit Singh is father and Shrimati Ishar Kaur is the mother of Kulwant Singh deceased?
To what amount of compensation the claimants are entitled and from whom ?
Relief.
On issue No. 1 it held that Kulwant Singh died as a result of the wrongful and negligent act of driver Raghbir Singh. On issue No. 2 it was held that Surjit Singh is the father and Shrimati Ishar Kaur is the mother of Kulwant Singh deceased. On issue No. 3 the learned Tribunal came to the conclusion that Kulwant deceased would have started paying Rs. 30/- per month to each of his parents after attaining the age of 20 years. Calculation on this basis he awarded a sum of Rs. 7452/- to Surjeet Singh respondent and a sum of Rs. 7128/- to Ishar Kaur respondent. The Co-operative General Insurance Society Ltd. has come in appeal before me.
Raghbir Singh driver struck his Tanker against the cycle and over ran Kulwant Singh. When he fell on the road he did not stop the truck there and then. The truck was made to stop by Raunqi and Kaka Singh gangmen near the railway crossing. From these circumstances it could safely be inferred that the Tanker was being driven in a rash and negligent manner. It Is also proved on record that the respondents are the parents of the deceased and this finding has not been challenged before me.
The learned counsel for the appellants has, however, submitted that the compensation awarded is excessive. He does not challenge the finding of the learned Tribunal that Kulwant Singh deceased would have started paying Rs. 30/- per month to his parents after attaining the age of 20 years. His objection is that while awarding the lump sum amount the Court should have seen that the amount awarded should not carry more interest than the maintenance allowance awarded to the parents of the deceased. He has brought to my notice a monthly income scheme floated by Bank of India which is a scheduled bank. Under this scheme if a person deposits a sum of Rs. 10,000/- with the bank for any period more than a period of 37 months, the bank promises to pay monthly interest at the rate of Rs. 62.50 paise from the date when the deposit is made. Under these circumstances if the respondents are awarded a lump sum of Rs. 10,000/-, they can get Rs. 62.50 paise per month as interest for so long as they keep this amount in deposit. This amount of Rs. 10,000/- would also belong to them. In my opinion the capitalisation of the monetary help which the deceased would have given to his parents every month has not been properly done by the learned Tribunal trying this case. Interest of justice requires that the respondents should be awarded cash compensation to the extent of Rs. 10,000/- only and I order accordingly. The appeal succeeds to the extent as indicated above.