SUNITA Vs. MADHYA PRADESH ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal is filed by the claimants for enhancement of compensation.

(2.) Deceased Brijesh died in an accident on 23.2.1996. Motor vehicle having registration No. MPB 6583 owned by respondent No. 1 and driven by respondent No. 4 caused the accident which resulted in the death of the deceased. Claims Tribunal has recorded a finding that the vehicle was driven in a rash and negligent manner which caused the accident resulting in the death of Brijesh. Since the finding as to rash and negligent driving is not under challenge before this court, therefore, we advert to the question of quantum of compensation only.

(3.) Counsel for the appellant submitted that in spite of overwhelming evidence, Claims Tribunal has committed an error in determining the income of the deceased at Rs. 1,000 per month. He submitted that the evidence has not been perused properly by the Claims Tribunal and, therefore, the determination of quantum of compensation is incorrect. He submitted that the income of the deceased determined at Rs. 12,000 per annum is also not correct as notional income is Rs. 15,000 per annum. Counsel for the appellant submitted that the widow of the deceased Sunita, AW 1, deposed that deceased was giving her Rs. 1,000 per month for domestic expenses and rest of the income was being deposited by him in a bank. He submitted that in this case minimum dependency at the rate of Rs. 1,000 per month should be determined and loss of income at the rate of Rs. 500 should be paid to appellants-claimants. Therefore, dependency ought to have been determined at Rs. 1,500 per month, i.e., Rs. 18,000 per annum.