MAMTA Vs. RAJARAM

JUDGEMENT

(1.) Heard.

(2.) Learned Counsel for the appellants submits that deceased Badrilal was a skilled labour at Indore city and he was earning Rs. 4,000 per month, but the learned Tribunal committed an error in assessing his income @ Rs. 3,000 per month. In support of his contention he drew my attention to the statement of Smt. Mamta (AW1) and contended that this witness in her statement has very categorically stated that income of her husband was Rs. 4,000 per month and prayed that amount of compensation be enhanced accordingly. He further submits that only a sum of Rs. 10,000 has been awarded on other conventional head and prays for enhancement in the said head.

(3.) As per the statement of AW1 and taking int consideration the fact that deceased Badrilal was working as skilled labour at Indore city and must be earning Rs. 3,500 per month i.e., Rs. 42,000 per annum. After deducting 1/3rd (i.e., Rs. 14,000) towards living and personal expenses of the deceased the annual dependency of the appellants comes to Rs. 28,000. On applying multiplier of 17, the amount of compensation comes to Rs. 4,76,000. On other conventional heads like funeral charges, loss of estate, loss of love and affection the amount is enhanced to Rs. 44,000. Thus, total compensation comes to Rs. 5,20,000. After deducting Rs. 4,18,000 awarded by the Tribunal the enhanced amount comes to (520000-418000)=Rs. 1,02,000.