RAJKUMAR Vs. NANDU

JUDGEMENT

(1.) This appeal is by the claimants for enhancement of compensation. Other findings as to factum of accident, rash and negligent driving and insurance of vehicle are not under dispute. Question involved in the case is about quantum of compensation.

(2.) The Claims Tribunal has determined the income of the deceased at the rate of Rs. 12,000 per annum and determined the compensation accordingly.

(3.) The counsel for appellants submitted that Claims Tribunal in para 16 of award has recorded a finding that there is no dispute as to the income from daily wages of deceased, which is Rs. 50 per day, but the Claims Tribunal determined the income at the rate of Rs. 1,000 per month treating that he was getting the wages for 20 days in a month. The learned counsel for appellants submitted that evidence on record has not been considered properly. The claimants' evidence about the income of deceased has not been considered. Gulab Bai, AW 1, has deposed that the deceased was earning Rs. 125 per day and entire family was dependent upon him. Father of deceased is blind, therefore, deceased was looking after the entire family. There is no cross- examination as to income of the deceased, but the suggestion was denied that wages in the village are Rs. 25 to Rs. 30 per day. Shivlal, AW 2, has deposed that deceased was earning Rs. 125 per day from daily wages. In the cross-examination, in para 7, this witness has deposed that agricultural labour is getting Rs. 125 per day and sometime the wages are paid in kind. He denied the suggestion that the wages in village are Rs. 40 to Rs. 50 per day. Similarly, Mangilal, AW 3, has also deposed that labour is getting Rs. 125 per day in the village. He denied the suggestion that the wages of labour in the village are Rs. 40 to Rs. 50 per day and he has deposed on his own that wages are Rs. 125 per day. Gendalal, NAW 2, owner of the vehicle, has deposed that he was paying Rs. 100 to Rs. 125 per day to deceased Totaram. He has admitted that his tractor was sent for purchasing foodgrains for his servants. Tractor was returning with the goods of labour in the evening. This witness has also denied that wages in the village are Rs. 40 to Rs. 50 per day, but stated that wages are between Rs. 100 and Rs. 125 per day. No other evidence is led by the non-applicants.