HARJINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this case, one Chanan Singh, aged about 28 years, died. His widow, parents and a minor daughter filed a claim petition before the Tribunal, who ordered for the payment of Rs. 1,50,000/- besides interest @ 15% p.a. from the date of filing of the claim petition till payment. Not satisfied with the award of the Tribunal, the appellants filed the present appeal.

(2.) THE matter was referred to the Lok Adalat, which proposed a compensation to the tune of Rs. 3,28,240/-. Not satisfied with the proposal of the Lok Adalat, the State of Haryana has filed the present objections.

(3.) THOUGH , there is evidence of Smt. Harjinder Kaur that the earning capacity of the deceased was Rs. 26,000/- from the agricultural and poultry business, but there was no cogent evidence in this case to this effect. There was only evidence of the witness that the deceased was owning 8 acres of agricultural land. The Lok Adalat has rightly calculated the minimum earning capacity of the deceased at Rs. 2000/- p.m. and after deducting the personal expenses of the deceased, the annual dependency of the claimants can be safely calculated at Rs. 18,000/- and by applying a multiplier of 16, the claimants are entitled to a sum of Rs. 2,88,000/- besides Rs. 10,000/- towards funeral expenses and costs of the charges. In all, the claimants are entitled to a sum of Rs. 2,98,000/- as compensation besides interest @ 12% p.a. from the date of filing of the claim petition till payment.