MANJU SAWHNEY Vs. MOHINDER SINGH

JUDGEMENT

(1.) ONE Krishan Lal Sawhney, Administrative Officer in LIC , was killed in a road accident on 6/4/1976 He was drawing a salary of Rs.2,065.40 at that time. His LRs (appellants) filed a claim suit no. 403/1976. MACT assessed monthly income of deceased at Rs.2,065.00 and his annual dependency at Rs.13,368.00 and adopted a multiplier of 15 to award compensation of Rs.2,00,520.00. It, however, deducted Rs.4,650.00 towards acceleration of estate and 15% for lump sum payment to reduce award amount to Rs.1,66,490.00 and held liability of insurance company limited to Rs.50,000.00.

(2.) THE driver of the offending vehicle filed FAO 215/1981 against this award and Appellants also filed cross-objections in it claiming compensation of Rs.10.5 lacs or so with interest. First appellate court dismissed the Insurer's appeal and held its liability unlimited. It also dismissed Appellant's cross-objections but awarded them 12% p.a. interest. Appellants feels aggrieved of this and has filed this appeal for enhancement of compensation. THEir case is that both Tribunal and First Appellate Court had failed to take into consideration future increase in the earnings of the deceased. It is submitted that his monthly income should have been taken at Rs.3,500.00 per month and his dependency at Rs.2,500.00 and multiplier of 19 should have been applied. Confronted with the position that appellant had failed to furnish any proof of the claimed future earnings of the deceased L/C for appellant limited his prayer to doing away with the deductions ordered by Tribunal and left unattended by First Appellate Court. No other issue was raised or argued. As it is, there was no warrant for the deductions ordered by Tribunal and the same are set aside leaving the award amount intact at Rs.2,00,520.00. Appellants are accordingly held entitled to compensation of Rs.2,00,520.00 with 12% interest as awarded by Tribunal and respondent insurance company is directed to satisfy the remaining award within four months from receipt of this order. Appeal is allowed to that extent.