USHA JAIN Vs. KUNDAN LAL

JUDGEMENT

(1.) By present appeal, the appellants have assailed an award dated 27th August, 1996 passed by learned Tribunal, on the ground that the compensation awarded by the Tribunal was inadequate.

(2.) Deceased Surinder Kumar Jain died in a road accident on 27th June, 1985 while driving his motorcycle number DHT-3860, having been hit by bus number DEP-4832. It was stated by claimants in the claim petition that the deceased was earning Rs.2,000/- per month from his business. His age was around 30 years. He left behind his wife and two children. His parents were aged around 57 and 53 years respectively. The learned Tribunal observed that though the monthly income of the deceased was alleged to be Rs.2,000/- per month (his annual income would come to Rs.24,000/-) but he was not an income tax payee. The exemption limit for income tax in the year 1985-86 was Rs.18,000/- per annum. However, the learned Tribunal still, for the purpose of computation of compensation took monthly income of the deceased as Rs.3300/-. The learned Tribunal relied upon General Manager, Kerala State Road Transport Corporation v. Sushma Thomas (AIR 1994 SC 1631) wherein the Supreme Court, in case of deceased earning Rs.1032/- per month had assessed the compensation taking the income at Rs.2,000/- per month considering future prospects of the deceased. In the case in hand, the Tribunal seems to have considered the income of the deceased around Rs.1650/- per month despite the fact that the deceased was not an income tax payee (any income above Rs.18,000/- per annum was taxable). The learned Tribunal deducted 1/3rd towards personal expenses since the deceased had left behind three dependents i.e. wife and two children. The parents of the deceased were not dependent on him. The Tribunal therefore calculated the compensation on the basis of loss of dependency at Rs.2200/- per month and applied multiplier of 16 and awarded compensation of Rs.4,22,000/-.

(3.) I consider that under no circumstances, it can be said that the learned Tribunal awarded low compensation or unjust or unfair compensation. I find no merits in the present appeal. The appeal is hereby dismissed.