SUSHILA DEVI JAIN Vs. TULSI RAM

JUDGEMENT

(1.) By present petition, the petitioner has assailed award dated 21st September, 1998, whereby a compensation of Rs. 41,400/- was awarded in favour of the petitioners on the ground that compensation was in adequate.

(2.) The deceased in this case was an unmarried person and the claimants were his parents, both of whom died during the pendency of claim petition and the claim petition was thereafter persued by the LRs of the parents.

(3.) It was asserted before the Tribunal that the deceased had opened a shop in Palam Colony in October, 1981 and his income was Rs. 1,000/- per month. The rent of the shop was Rs. 300/- per month. No proof either of the opening of the shop or paying monthly rent for shop was produced before the Tribunal. The Tribunal observed that Palam Colony was a new unauthorized colony not even fully developed and it was not believable that the deceased was earning Rs. 1,000/- per month from a shop there. No proof of education of the deceased was placed on record. It was not even alleged that he was literate or had studied up to certain standard. The Tribunal, therefore, awarded compensation taking into account the minimum wages of a workman prevalent at that time.