MEENA Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE Appellants who were the widow and the son of deceased Rajeshwar Rai seek enhancement of compensation of Rs. 2,03,300/- awarded by the Claims Tribunal for his death in an accident which occurred on 11.05.1993.

(2.) DURING the enquiry before the Claims Tribunal it was claimed that the deceased was working with M/s Chandra Engineering and was getting a salary of Rs. 1,200/- per month. A salary certificate Ex.PW-3/A was proved by Appellant Meena Devi. The Claims Tribunal declined to believe the same on the ground that the Appellant's testimony was challenged by giving her a suggestion that the deceased was not employed with M/s Chandra Engineering. It is quite strange that the Claims Tribunal although did not believe the salary yet went on to accept the deceased's income to be Rs. 2622/- per month, deducted 1/3rd towards the personal and living expenses to compute the loss of dependency as Rs. 3,56,490/-. Although no loss of income on account of 1? Bighas of land owned by the deceased was claimed yet the Claims Tribunal deducted 50% of the compensation as the deceased owned some agricultural land. The Claims Tribunal further added sum of Rs. 10,000/- each towards Loss of Consortium, Loss of Love and Affection and Rs. 5,000/- towards Funeral Expenses to compute an overall compensation of Rs. 2,03,300/-.

(3.) THE compensation awarded cannot be said to be low, the same is just and reasonable. THE Appeal is devoid of any merit. THE same is accordingly dismissed.