Deepak Gupta, J. - (1.)This judgment shall dispose of three appeals being F.A.O. Nos. 248, 263 and 264 of 2001 and the cross objections filed therein.
(2.)The unfortunate claimant in all the 3 cases is a young boy Akshit Kumar who was 11 years old at the time of accident. On 10.11.1998 Akshit Kumar along with his parents Anand Kishore and Shashi Bala and elder brother Abhishek, aged about 14 years, was travelling in a Maruti car No. PB-BE 0122 on Nangal-Anandpur Sahib Road. When the car reached near the village Ajoli, tanker No. HR 02-GA 0165 was going ahead of them. The driver of the tanker gave a signal to the deceased Anand Kishore to overtake the tanker. When the car was overtaking the tanker, the driver of the said tanker did not slow down the vehicle as was expected of him. Truck No. HR-38 9494 was coming from the opposite side. Truck hit the car and the tanker also hit the car. The car was dragged to some distance. Akshit's mother, Shashi Bala died on the spot. His father, Anand Kishore and brother Abhishek were removed to P.G.I. Chandigarh. The father died on the same night. The brother Abhishek died in the P.G.I, on 18.11.1998.
(3.)From the evidence on record it is clear that Anand Kishore, father of the claimant, was an Engineer. He had done B.E. in Mechanical Engineering. He was working as Project Manager with the District Industry Centre, Kurukshetra and was aged 42 years at the time of the accident. His total emoluments which have been proved on record vide Exh. PW 2/A were Rs. 11,572 per month at the time of his death. His date of birth was 21.8.1956 and, therefore, on the date of accident he was a little over 42 years.