HARJINDER KAUR Vs. RAJ KUMAR

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of male aged 28 years. The claimants are widow, two minor children and father. The accident had taken place on 24.02.1995. The claimants brought on record evidence of the fact that the deceased was a Carpenter in Doha drawing an income of rupee equivalent to Rs. 10,688/ - per month. The claimant stated that the deceased was 28 years of age but the post mortem certificate revealed that he was 35 years of age. The Tribunal took the income at Rs. 2000/ - and assessed a compensation of Rs. 1,92,000/ -.

(2.) WHEN there was evidence brought on record to show that he was employed in a foreign country and his actual income is also shown, the Tribunal was not justified in merely taking the income at Rs. 2000/ -.

(3.) THE total compensation shall be Rs. 17,73,567/ - and the amount in addition to what has been assessed shall also attract interest @7.5% from the date of petition till the date of payment. The entitlement as assessed shall be distributed amongst the widow, two minor children and after in the ratio of 2:2:2:1. The liability shall be on the insurance company.