NANNU MAL JAIN Vs. ISHWAR SINGH

JUDGEMENT

(1.) (Oral) - The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 3,00,000.00 has been awarded to them. The appellants seek enhancement of the award amount.

(2.) The accident dated 31st May, 1988 resulted in the death of Manju Jain. The deceased was survived by her husband, three daughters and one son who filed the claim petition before the learned Tribunal.

(3.) The deceased was aged 35 years at the time of the accident and was working as part time Director with Niti Chit Fund. The deceased was also 50% partner in the business of Bharat Chit Fund Co. The appellants claimed the salary of the deceased to be Rs. 33,600.00 per annum and business income to be Rs. 27,820.00 per annum. The learned Tribunal accepted the business income of the deceased to be Rs. 27,820.00 per annum. However, the salary of the deceased was taken to be Rs. 12,000.00 per annum on the ground that the salary of the deceased in the years 1985-86, 1986-87 and 1987-88 had been consistently Rs. 12,000.00 per annum. In the Income Tax Return for the year 1988-89 filed after the death of the deceased, the income was shown as Rs. 33,600.00 which according to the learned Tribunal was inflated to claim the higher compensation. The learned Tribunal, therefore, took the salary income of the deceased to be Rs. 12,000.00 per annum. Rs. 27,820.00 per annum was taken as business income and total annual income was taken to be Rs. 39,820.00 (Rs. 12,000 + Rs. 27,820)