ANJANA DEVI Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation, the claimants being the widow and son of Jiwan Lal Jindal deceased, who was killed while 'driving his scooter when he met with an accident with the car DHD 8701 coming from the opposite direction. The Tribunal placed the blame for the accident wholly upon the car driver and awarded Rs. 58.000/ - as compensation to the claimants.

(2.) A reference to the material on record would show that Jiwan Lal Jindal was about 33 years of age at the time of his death. He died leaving behind his young widow Anjana Devi aged 30 years and his minor son who was 3 years old at that time. He was employed as a sales organiser with Jindal Medicine Traders at a salary of Rs. 1,200/ - per month. This was proved by the testimony of PW 2 Ram Kishan Dass, the proprietor of the said firm, who sought to corroborate his oral testimony to this effect by the cash book of the firm which he had brought to the court. He adverted to the regular entries in this cash book regarding the salary paid to the deceased from time to time. Ram Kishan Dass was the father of the deceased. He was recalled for further examination when he brought the ledgers of the firm too. He deposed to the corresponding entries in the ledger from the cash book to support his earlier testimony regarding the salary of Jiwan Lal Jindal. Besides this, there is the statement of the widow, Anjana Devi PW 4, that the salary of her husband was Rs. 1,000/ - to 1,200/ -per month. In the face of this evidence, no exception can be taken to the Tribunal having accepted the salary of the deceased to be Rs. 1,200/ - per month.

(3.) THIS award appeal is accordingly hereby accepted with costs. Counsel's fee five hundred rupees.