VEER BHAN ALIAS MOHAN LAL Vs. BEER SINGH

JUDGEMENT

(1.) BOTH the appeals are connected as they arise out of the same accident.

(2.) THE appeal in FAO No.5755 of 2002 is for enhancement of claim for compensation for death of a male, aged 26 years. The deceased was said to be engaged in transport business, earning about Rs.10,000/ - per month. The claimants were widow, 3 minor children and mother. The Tribunal took the income at Rs.3,000/ - per month and assessed a compensation of Rs.3,93,500/ -.

(3.) THE other appeal in FAO No.5357 of 2002 is also for enhancement of claim for compensation for injuries suffered in the same accident that took place on 13.06.2001. The claimant was driver. He was hospitalized for a period of 10 days. He was nursing an injury of a fracture of right hand and fingers and fracture of the right scapula. He had been also hospitalized for some time after the treatment. He took the income at Rs.2,000/ - and assessed a compensation of Rs.20,000/ - under various heads. I will take the income of the driver at the relevant time at Rs.2,000/ - per month and take the loss of income for three months at Rs.6,000/ -. I will increase the component of pain and suffering to Rs.22,500/ -, taking each one of the fractures to be compensated for Rs.7,500/ -, and that there not being any disability arisen out of the accident, but I would also provide modestly for transportation and attendant charges for hospitalization. I tabulate the compensation under various heads of claim as under: -