SUNITA DEVI Vs. RAM NIWAS

JUDGEMENT

(1.) THE appellants have challenged the award of the Claims Tribunal whereby compensation of RS.2,87,520/- has been awarded to them. THE appellants seek enhancement of the award amount.

(2.) THE accident dated 16th October, 1994 resulted in the death of Vinod Kumar. THE deceased was survived by his widow, minor daughter and father who filed the claim petition before the Claims Tribunal. THE deceased was aged 20 years at the time of the accident and was doing dairy business as well as agriculture. It was claimed that the deceased was earning RS.14,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal assumed the income of the deceased as RS.2,150/- per month, deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at RS.2,75,520/-. THE Claims Tribunal has awarded RS.10,000/- towards loss of consortium and RS.2,000/- towards the funeral expenses. THE total compensation awarded is RS.2,87,520/-.

(3.) DURING the pendency of this appeal, the appellants have filed CM No.8987/2009 under Order XLI Rule 27 of the Code of Civil Procedure for permission to lead additional evidence with respect to the income of the deceased from dairy business and Vide order dated 6th July, 2009, the aforesaid agriculture. application was allowed and the appellant was permitted to lead additional evidence in pursuance to which the appellants examined two witnesses.