KALYAN SAHAI Vs. H D YADAV

JUDGEMENT

(1.) BY this Appeal, appellants challenge inadequacy of the compensation of. 2 lacs awarded by the learned XIXth M. A. C. T. , indore vide award dated 31st March, 2004. Learned Counsel for the appellants submits that the award of compensation in lump sum has been deprecated and in each case the income should be assessed and applying proper multiplier, compensation should be awarded.

(2.) SINCE the controversy before us is confined to the adequacy or otherwise of the compensation, we need not refer to other facts except that when the deceased was traveling in a Maruti car along with his friend it collided with the offending vehicle bearing registration No. NH-04-H-4838.

(3.) LEARNED Counsel for the appellants submits that income of the deceased was rs. 3,500/- as evidenced from his salary certificate (Ext. P-6 ). However, since the deceased was commuting to Ghatabillod for work, we are of the view that he must atleast be spending Rs. 500/- on fare. The net salary thus comes to Rs. 3,000/- per month and if one third is deducted towards personal expenses of the deceased, the contribution of dependency comes to Rs. 2,000/- per month i. e. , Rs. 24,000/- annually.