LAXMI BAI Vs. MOHINI BAI

JUDGEMENT

(1.) THIS appeal is by the claimant who is a widow and mother of deceased Roshan Singh, aged about 19 years, who died in the motor accident on 2.8.1983.Respondent No. 4. is wife of the brother of the deceased and respondent No.5 is minor daughter of respondent No.4. The Claims Tribunal, by Award, passed on 10.5.1990, has granted a sum of Rs. 54,000/ - being the t6tal compensation to the claimants. The appellant, mother of the deceased, has approached this Court, claiming enhancement in the amount of compensation.

(2.) AT the outset, it may be stated that respondent Nos. 4 and 5 being the brother's wife and daughter of the deceased, are neither legal heirs of the deceased, nor his dependents and they could not have been awarded any compensation. The Award, to the extent it grants compensation to respondents 4 and 5, jointly with the appellant is, therefore, liable to be set aside. The appellant alone being the dependent of the deceased, was liable to be awarded the entire compensation.

(3.) THE learned counsel on behalf of the Insurance Company, in his reply, submitted that there is no reliable evidence on record that the deceased was a Matriculate and that he had any earning. According to him, the employer was unable to produce any documentary evidence of payment of salary to the deceased. The counsel appearing for the Insurance Company also cited cases to state that the multiplier of 10, taken was just and reasonable.