TUNDARAM Vs. VEER SINGH GURJAR

JUDGEMENT

(1.) BOTH these appeals are filed by the appellants for enhancement of compensation.

(2.) IN M.A. No. 450/2000, deceased Ramveer Singh, died in accident. Claimants in support of their claim has examined Rambeti, widow of deceased Ramveer Singh as A.W. 2. This witness has deposed that deceased was earning Rs. 5,000 (Rs. five thousand only) per month. He was a skilled worker and apart from the work of artisan the deceased was earning from selling milk. This witness in para 7 of her cross-examination has admitted that the she-buffaloes are still with the family and she is selling milk. Thus, it can safely be held that the deceased was having the income of Rs. 2,500 (Rs. two thousand five hundred only) per month and yearly income is assessed at Rs. 30,000 (Rs. thirty thousand only). Out of thirty thousand, deceased was spending 1 /3rd of his income upon himself and remaining Rs. 20,000 he was spending upon the members of his family. According to claimants deceased was 30 years age. But in the post-mortem report age of deceased is mentioned as 33 years. Therefore, the age of the deceased Ramveer Singh, at the time of accident was between 30-35 years. On applying multiplier of 17 the compensation is determined at Rs. 3,40,000 (Rs. three lac forty thousand only), Claimants will be further entitled for sum of Rs. 20,000 (Rs, twenty thousand only) towards damages under various acts such as loss of estate, funeral expenses, ete. etc. Thus, compensation is determined at Rs. 3,60,000 (Rs. three lac sixty thousand only).

(3.) THE amount of compensation shall be deposited in fixed deposit in a nationalised bank. The claimants will be entitled for interest on the said amount. The fixed deposit shall be renewed from time-to-time. However, in case, claimants require any amount they may move an application for their urgency regarding payment out of the compensation amount. The Claims Tribunal shall pass orders on the said application after examining the case for payment out of amount of compensation, if satisfied grounds for payment are made out. With the aforesaid observation, appeals are allowed in part. There shall be no order as to costs.