SUSHILA RANI & ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present Appeal has been filed by the claimants being dissatisfied with the compensation awarded by the Tribunal vide its award dated 12th July, 1993. The Tribunal has awarded a compensation of Rs. 1,85,400/- along with interest @ 6% per annum to the appellants.

(2.) The deceased was aged around 46 years at the time of death due to accident. He was stated to be having a shop in Jawahar Market and earning around Rs. 150/- to Rs. 200/- per day as per the evidence produced by the claimants. However, the claimants in the claim petition had stated that the income of deceased was around Rs. 2500/- per month. No proof of income was produced before the Trial Court nor were books of accounts of the shop produced. No Income Tax was being paid by the deceased. Considering all these factors, the learned Tribunal observed that the income of the deceased could have been around Rs. 1200/- per month. He considered dependency of the claimants as Rs. 800/- per month. A multiplier of 19 was applied and thus a compensation of Rs.1,82,400/- was calculated. Rs. 3,000/- was awarded as consortium to the wife.

(3.) It is argued by counsel for the appellants that the deceased was running a shop and therefore the income of the deceased taken by the Tribunal as Rs. 1200/- per month was too low. I consider this plea must fail. The Tribunal observed that in the year 1983 the exemption of income tax was on an annual income of Rs. 15,000/-. Thus any person earning Rs. 1500/- per month was liable to pay some income tax. The deceased was not paying any income tax. His shop was only of cold drinks and tea, therefore, the Tribunal rightly assessed the income of deceased as Rs. 1200/- per month. Deduction of 1/3rd amount was made from this income towards personal expenses of deceased as the dependents were only claimants No. 1, 3, 4 and 5. Claimant No. 5 was mother of deceased who was stated to be more than 100 years of age at the time of filing of the claim petition. Thus practically future dependency was only of wife and two children.