LAWS(KAR)-2003-1-85

S VIJAYALAKSHMI Vs. BHASHKARACHAR

Decided On January 02, 2003
S.VIJAYALAKSHMI Appellant
V/S
BHASHKARACHAR Respondents

JUDGEMENT

(1.) WE have heard the learned Counsels on both sides.

(2.) THE principal ground canvassed in this appeal is that the Tribunal was wrong in having disqualified the claimants from claiming compensation in the normal manner prescribed by law on the solitary ground that the first petitioner-wife had been given a job on compassionate basis as a clerk and that in view of this position, she was not eligible to the compensation that would normally have been computed. There is neither rationality nor justification for this finding and consequently, we have no option except to set it aside and to compute the compensation that the claimants would be entitled to in keeping with the material on record. Having taken into account the salary, the age of the claimants and the rest of the material on record, the aggregate compensation works out to Rs. 3,02,660/- which is rounded off by us to Rs. 3,05,000/ -.

(3.) THE Corporation's learned Counsel has vehemently submitted that in the matter of computation, the Court ought not to have adopted the multiplier of 15, because the age in this case would be 38 years insofar as the deceased was closer to that age than to the figure 37. We find that since the deceased was aged 37 years and 8 months, application of the multiplier 15 is justified and that the computation done on this basis will have to be accepted. Secondly, what was pointed out to us was that since the aggregate compensation works out to a substantial figure and since the case was of the year 1992, the Court should not accept the submission canvassed on behalf of the appellants that the rate of interest should be enhanced from 6% to 8%. What we need to take into account is the delay in disposal of the case and secondly, the fact that we are dealing with persons of very modest means and consequently, every rupee makes a difference to them. In this case, the deceased has left behind a young widow, two very young children and aged parents and there are virtually three groups of sharers in the compensation and in our considered view, therefore, while enhancing the compensation to Rs. 3,05,000/-, the rate of interest will have to be enhanced to 8% in place of earlier figure of 6%.