SAVITRI DEVI Vs. DARSHAN SINGH

JUDGEMENT

(1.) IN an accident caused by truck No. MES 1620 of 5 29.1.1980 Govind Ram was killed. The claim petition is filed on behalf of his wife and six children. The claimants had claimed Rs. 80.000/- as compensation, but the Tribunal awarded Rs. 38,400/- only. After deducting Rs. 6,000 as the share of the married daughters, the compensation awarded was Rs. 32,400/- The respondent insurance company has already paid the said amount.

(2.) THE claimants had claimed that the deceased was working as a Halwai, taking contracts in marriages and other parties. PW 4 and PW 5 have been examined by the claimants in support of the said income of Rs. 1,200/- per month of the deceased. From the entire evidence of PW 4 and PW 5, it is seen that on an average the deceased was getting employment for about 15 days in a month. Therefore, even if the claimants are to be believed, the income of the deceased would not have been more than Rs. 600/- per month.

(3.) HAVING considered all aspects of the matter, I hold that Rs. 50,000/- would be just and proper compensation for the claimants. I do not agree with the Tribunal that any amount is to be deducted as the share of the married daughters, since even excluding the married daughters, there is a large family of seven members to be supported from the said income. The appellants are also entitled to simple interest at the rate of 9 per cent per annum on the enhanced amount of compensation from the date of the petition till the date of payment.