BHUDEVI Vs. RAMJILAL GOYAL

JUDGEMENT

(1.) THE appeal has been preferred by the claimant for enhancement of compensation aggrieved by award dated 31. 10. 2006 passed by the Fifth Additional m. A. C. T. (Fast Track Court), Morena in claim Case No. 64 of 2004 awarded on account of death of Ram Avtar Sharma aged 42 years who was sub-engineer in the rural Engineering Service Department of state of M. P.

(2.) THE claim application was preferred by the widow, minor children and parents of the deceased claiming compensation of rs. 33,87,000 along with interest. The deceased was drawing salary of Rs. 7,208 at the time of his death. The Claims Tribunal has awarded compensation of Rs. 3,13,000 along with interest at the rate of 6 per cent per annum except for the period 26. 9. 2005 to 29. 9. 2006. Dissatisfied with the quantum of compensation awarded by Claims tribunal the appeal has been preferred.

(3.) IT is submitted by Mr. B. D. Verma, learned counsel appearing for appellants that Claims Tribunal has assessed income of the deceased at Rs. 5,000 per month, salary was much more. The Claims Tribunal has further erred in deducting 50 per cent (a sum of Rs. 2,500) received by the claimants on account of pension, such deduction could not have been made thus compensation awarded is inadequate, it be suitably enhanced. Learned counsel further submitted that future prospects have also not been taken into consideration. There were three pay revisions due on 1. 1. 1986, 1. 1. 1990 and 1. 1. 1996. Had the pay fixation been done, the deceased would have drawn the salary of Rs. 10,800 per month, which should have been taken as salary drawn by the deceased. As the pay fixation has not been done, deceased could not have been held responsible.