JATINDER KUMAR Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) THE grievance made by the learned counsel for the claimants is with respect to the quantum of compensation. The learned counsel for the claimants vehemently argued that the Hon'ble Single Judge has erred in assessing the income at Rs. 600.00 per month when, in fact, the counsel laid emphasis, that Rs. 539.00 was the per month salary, Rs. 260/was the commission for the year, Rs. 1440.00 was the annual rent for the rent free accommodation, Rs. 840.00 was the bonus at the rate of 8% and Rs. 500.00 per year was the employer's share towards Contributory Provident Fund. Thus, the total amount comes to around Rs. 9725.00 per annum as the income while the Hon'ble Single Judge assessed it at Rs. 7200.00 per annum. Be that as it is. The Hon'ble Single Judge found the dependency at Rs. 5000.00 per annum after assessing the income at Rs. 7200/ -. We find no error in the said finding, even if the calculation put forth by the appellants is taken to be correct. Usually l/3rd is deducted towards the personal expenses of the deceased. Learned counsel for the appellants argued that nothing has been awarded for funeral expenses, loss of consortium the medical expenses when the deceased remained admitted for two days in the Medical College at Patiala and then was shifted to P. G. I, where he breathed his last. Keeping in view the totality of the circumstances and with some guess work, we are of the considered view that Rs. 20,000.00 would be the reasonable amount to cover all the three heads which were not taken into account by the learned Single Judge. Thus, in our considered view, Rs. 1 lac would be the just compensation to which the claimants would be entitled. Even otherwise on the theory of interest, even if the interest is calculated at the rate of twelve per cent, the claimants get as interest exactly the amount of loss which they have suffered. Thus, the impugned order is modified to the extend that the appellants would be entitled to Rs. 1 lac as the total compensation with twelve per cent interest from the date of application. Interest is to be calculated from the date of application till the date of payment.

(2.) L . P. A. disposed of in the above terms. However, there will be no order as to costs.