LAWS(P&H)-2014-5-427

CHANDER KANTA Vs. BALWANT SHARMA

Decided On May 07, 2014
CHANDER KANTA Appellant
V/S
Balwant Sharma Respondents

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for death of a male, aged 43 years in a motor accident on 06.06.2002. The deceased was a Head Salesman in a private company and it was contended that the deceased had additional income through part -time work and earned about Rs.5,000/ -. The Tribunal assessed a compensation of Rs.3,67,000/ -.

(2.) THE income tax returns brought on record through Exs. A8 and A9 showed that for the two years before his death, he had shown an income of Rs.53,000/ - and Rs.54,000/ - respectively. I shall take the average monthly income at Rs.4,500/ - and rework the compensation on the scales secured through various decisions and tabulate them as follows: -

(3.) THE major claimants shall be permitted to withdraw the additional amount upto 80% and the remaining 20% shall be put in fixed deposit in 3 different deposits with any nationalized bank, the 1st deposit for a period of 1 year, the 2nd for a period of 2 years and 3rd deposit for a period of 3 years. The amount shall be disbursed by the bank directly under the advice to the Tribunal. As regards the minors, the same directions will apply on attaining the respective dates of majority.