RAJO DEVI Vs. BUTA SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of a male aged 27 years. The claimants were widow, minor sons and parents.

(2.) THE salary certificate has been filed as Ex. P1 shows that he was earning Rs. 6622/ -. The Tribunal took the income at Rs. 3200/ -. He was said to have been appointed as Ticket Collector at Shri Nagar Toll Plaza Barrier at Palwal, District Faridabad. He had joined in the year 2008 and had met with the accident on 04.03.2008. He had worked only for few days and the Tribunal, therefore, observed that since his income was not on a regular basis with the Visionary Infrastructure Services, Gurgaon who was his employer the said salary certificate cannot be taken. I think it will be cruel to deny to the claimants what they were entitled to and it was surely poignant that a young person of 27 years died immediately after his employment. There is no reason to suspect that the employment would not have provided for suitable income for him. I will, therefore, take the income proof as brought through the salary certificate and also work out prospect of increase in the manner laid down by the decisions of the Supreme Court in Sarla Verma Vs. DTC : 2009(6) SCC 121 and Rajesh v. Rajbir Singh, : (2013) 9 SCC 54. The various heads of claim for compensation are tabulated as under: -

(3.) THE compensation as assessed will be distributed amongst the widow, minor son and parents in the ratio of 2:2:1:1. As regards the share of the parents, it shall be immediately disbursed but as regards the share of the wife, 50% of the amount shall be disbursed immediately, the rest of 50% shall be held in a fixed deposit for a period of 8 years, splitting the amount in 8 equal portions, first portion for a period of one year, second portion for a period of two years and so on upto 8 years. As regards the minor's share, it shall be deposited for the entire period of minority and interest shall be released to the mother of the child once in three months towards his maintenance. On the completion of his age of minority, the 75% of the amount shall be disbursed to him and the 25% shall be held in deposit for a further period of three years, splitting the amount in three equal portions, first portion for one year and so on upto three years. The deposit shall be held in Nationalized Bank with specific direction for disbursal without having filed a separate application for disbursal on maturity but it was done under the advice to the Tribunal.