HALUKIBAI Vs. KULENDRASINGH DANDOTIYA

JUDGEMENT

(1.) THIS appeal is by the claimants for enhancement of compensation. Appellant Halukibai's son named Girraj died in a motor accident. Deceased was driving a jeep. Tractor dashed against the jeep which resulted into the death of the deceased.

(2.) COUNSEL for the respondent - insurance company has supported the award passed by the Claims Tribunal. Claimants have claimed that the deceased was getting salary of Rs. 2,000/- per month and he was getting Rs. 20/- per day. Specific evidence on this point has been led by Halukibai alias Lalli (AW 1). She has categorically deposed that deceased was getting salary of Rs. 2,000/- per month and Rs. 20/- per day as allowance. In para 8 of her cross-examination, this witness has admitted that the deceased was paying Rs. 2,000/- per month for domestic expenses; the amount was not deposited by her in the Bank but was spent on the household expenses. Claimants have also filed salary certificate of the deceased Ex. P-16. Employer has mentioned in the certificate that the deceased was getting Rs. 2,000/- per month and allowance of Rs. 20/- per day. Thus, income of the deceased was Rs. 2,600/- per month i.e. Rs. 31,200/- per annum. 1/3rd of the income was going to be spent by the deceased upon his parents and the deceased was likely to acquire family after getting married in future. Therefore, dependency of the mother is determined at l/3rd of the income of the deceased i.e. Rs. 10,400/- per annum. Age of the mother of the deceased was 40 years. Therefore, multiplier of 15 will be applicable in this case and compensation is determined at Rs. 1,56,000/-. Claimants will be entitled for a further sum of Rs. 24,000/- towards compensation under various heads such as loss of estate, funeral expenses etc. and total compensation is determined at Rs. 1,80,000/- (Rs. one lac eighty thousand). Claimants will also be entitled for interest at the rate of six-. percent per annum of the enhanced amount of compensation from the date of filing of the appeal.