SANTOSH Vs. FATHE SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of male aged 48 years. The accident had taken place on 21.11.1996. The deceased was a foreman in a private company called Haryana Concast Limited earning Rs. 2465/ -. He was also said to be having income through agriculture. The tribunal took contribution to the family at Rs. 20,000/ - per year and applied a multiplier of 13 and assessed a compensation of Rs. 2,84,500/ -.

(2.) I do not find the assessment of income to be correct. It is not very clear from the evidence as to how the tribunal has taken the income at 30,000/ - as contribution to the family. It is set out in the body of the judgment that the salary certificate has been filed and it is stated that he was earning 7,000/ - including all the benefits. He also had agricultural income and the jamabandi filed was Ex. P -14 and P -15 and mutation had been filed as Ex. P -16 and salary certificate was filed as Ex. P -17. Since the original records have been burnt, I do not have copy of the documents. I assume that the aggregate income from agriculture as well as from his salary must be taken as 7,500/ -with all prospects of increase and the compensation has to be worked out.

(3.) THERE shall be an award of Rs. 11,42,500/ -. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The compensation assessed shall be distributed amongst the widow and three children.