SHISH RAM Vs. JAI CHAND

JUDGEMENT

(1.) THIS appeal is filed by the father of the deceased Shish Ram, mother Jaimala Devi and sister Km. Saraswati, as the Tribunal had dismissed their claim petition. While dismissing the petition the Tribunal had also worked out as to how much will be dependency of the claimants on the deceased. The Tribunal had come to the conclusion that Rs. 24,900/- would be the adequate compensation, in this case. For this purpose the Tribunal had assumed that the deceased would have earned Rs. 600/- per month after three years of this service. The Tribunal had also accepted ten as multiplier considering the fact that the father was 65 years and mother was 55 years of age. The Tribunal rejected the claim on the ground that it was not proved by the appellants 1 and 2 that they were the parents of the deceased, although no issue was claimed by the respondent or framed by the Tribunal.

(2.) SINCE it is an accident case in which a person had died and in spite of the fact that there was no issue to that effect the Tribunal had assumed that the parentage is not proved. I had xxx directed the parties to lead evidence before the Deputy Registrar of this Court. The evidence was recorded before the Deputy Registrar. I have gone through the evidence" and I am satisfied that appellants 1 and 2 are the living parents of the deceased.

(3.) MR . R.S. Chhabra, Deputy Registrar of this Court was appointed as a Commissioner for recording the evidence in this case. The respondent: Insurance Company shall pay Rs. 300/- towards the fees of the Commissioner to him. The appellants shall also pay a sum of Rs. 300/- to him.