ASHARFI DEVI Vs. RAJ SINGH

JUDGEMENT

(1.) ADMIT.

(2.) The appellant has filed this appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal for the death of one Mr. Sumeri Singh, husband of appellant no.1 and fattier of appellants 2 and 3 who died in a road accident caused by the rash and negligent driving of the offending vehicle by its driver.

(3.) The deceased at the time of his death was 39 years of age and was allegedly employed as a cartage contractor. According to appellant no1 the deceased was earning about Rs.30 to 35 per day. A certificate Ex.PW4/2 stated to have been given by his employer was also produced on record to prove that the deceased was earning Rs.30 to 35 per day during that time. The Tribunal, however, did not believe the oral statement of the wife of the deceased nor did he believe the certificate Ex.PW4/2 alleged to have been given by the employer of the deceased and taking the minimum wages prevalent in the year 1983 as income of the deceased, assessed his income to be Rs.450/- per month and deducting l/3rd from the same towards his persona! expenses, the loss of dependency to the family was taken to be Rs.300 per month. Applying the multiplier of 12, the Tribunal assessed the compensation of Rs,43,200/- to be payable to the appellants. As already mentioned above, aggrieved by this award the appellants have filed the present appeal for enhancement of compensation.