SHANTI DEVI Vs. BABULAL JAGANNATH OZA

JUDGEMENT

(1.) HEARD The parents of the deceased are seeking enhancement of the compensation and this is being done basically on the basis of the decision given by the Supreme Court of India in the case reported as Adikanda Sethi v. Palani Swami Saran Transports, (1997) 5 SCC 435. In paras 4 and 5, following observations were made :

(2.) IN the aforementioned case a young man of 24 years had died. His annual income was assessed as Rs. 12,000/ -. The Supreme Court was of the opinion that a multiplier of 18 could be applied and the claimants would be entitled to Rs. 1,40,000/ -. As the claim was limited to Rs. 1,00,000/- the Supreme Court allowed that much amount only. The position in this case is no different. A young man about 20 years was running his own business. He was registered as a 'c Class Contractor with Electricity Department. He was also running his own shop where he used to repair electric goods. Such is the statement given by Ghanshyam Das who has appeared as P. W. 1. After the death of the deceased namely Ashok Kumar it was the mother who started to looking after the business in question. This is so stated by A. W. 1 in para 2 of the Statement. In these circumstances it can safely be concluded that deceased Ashok Kumar was earning Rs. 1,000/- every month. Notice can be taken of the fact that unskilled worker can earn Rs. 30 to 35 in a day. The deceased was skilled person and as a matter of fact was a Government contractor. As such, this conclusion is safely be arrived at that income of the deceased was Rs. 1,000/- per month. Applying the ratio of the decision of the Supreme Court in the case referred to above the claimants are held entitled to compensation amounting to Rs. 1,00,000/-, in this case. The learned counsel for the claimant has limited the claim only to that extent. The claimants would be entitled to interest at the rate of 6% from today. Earlier to this, the rate of interest would be 12% per annum.