SOBHA K.R. Vs. JANARDHANAN

JUDGEMENT

(1.) The appeal is filed by the claimants seeking enhancement of the amounts awarded as compensation. There is no dispute with respect to the occurrence of the accident or negligence as found against the offending vehicle, a lorry which hit the motor car in which the deceased was traveling at the time of the accident. The claimants, the wife and minor children are before this Court. The learned Counsel for the appellant submits that the income adopted is very low at Rs.6000/- since the deceased, a retired army personnel, was drawing pension. Further he was also working in a private hospital, the Chairman of which was examined to prove the salary certificate.

(2.) The Pension Payment Order admittedly was not produced before the lower Court. The same is produced before this Court as Annexure A1 with a petition to accept the same. It is submitted that the total income which the deceased was drawing is to be computed at Rs.31000/-, Rs.25000/- being the salary he received from the private hospital and Rs.6000/- being the pension he was entitled to receive as per the Pension Payment order. It is further contended that on many heads the compensation awarded is very low as compared to the declaration made in National Insurance Company Ltd. v. Pranay Sethi and Others [2017 (5) KHC 350]. The age of the deceased was also computed as 43 while the Pension Payment Order specifically indicates it to be 42.

(3.) This Court is of the opinion that Annexure A1 can be accepted since it is a document which has been issued by the Principal CDA (Pensions) Allahabad. The deceased after commutation was drawing a pension of Rs.5648/- and applicable dearness allowance. Obviously on his death his wife would be entitled to family pension at half of regular pension.