GOMA BAI Vs. SHIVCHARAN SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal impugns an award dated 15.2.1997 passed by learned 8th Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No. 5/1996, awarding a sum of Rs. 1,60,400/- towards compensation in place of a claim of Rs. 13,77,000/-.

(2.) IT is said that on 19.12.1995, at about 10 O'clock, deceased Hakim Singh met an accident with a bus, bearing No. M.P. 07/F.0097. It is also said, that he was a mason by profession and was engaged at a daily wage of Rs. 100/-. It is also said that apart from professional income, the deceased was also earning agricultural income of Rs. 25,000/- per annum from his 5 bighas of agricultural land. That apart he was only aged about 45 years. The award in question is said to have been calculated only at a rate of his daily earning of Rs. 60/- even in the face of consistent evidence to show an earning of Rs. 100/- per day. The evidences also show that the deceased was a busy mason having been engaged for all 30 days whereas he has been shown to be working only for 20 days.

(3.) THOUGH it is contended on behalf of the Insurance Company that it was not possible for the deceased to have worked for 30 days in a month, we find enough evidence on record to show engagement of the deceased for 30 days of a month. Thus, even if we do not take into consideration the agricultural income of the deceased as he would have been occupied for 30 days in his professional work and could not have contributed to cultivation of his lands, it would be proper in the facts and circumstances of the case that his daily income be assessed at the rate of Rs. 100/-, which need to be multiplied by 30 working days. Further the total monthly income is to be further multiplied by 12 months and to that a statutory multiplier of 13 be applied further after deducting 1/3rd towards expenses on self from the total, the compensation would come to Rs. 3,12,000/- to which a further sum of Rs. 9,500/- towards consortium, loss of estate and funeral expenses, etc. is to be added. Thus, finally the compensation amount comes to Rs. 3,21,500/-. That apart, as provided in the statute the enhanced amount would be subject to an interest at the rate of 9 per cent per annum from the date of award. Accordingly, we allow the appeal and enhance the amount as aforesaid with an interest of 9% thereon.