SUNDER MOHAN MATHUR Vs. AJIT SINGH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimant being the father of Nagesh Mathur, a Technical Assistant employed with Messrs: Eicher Good Earth Limited, Faridabad, who was killed when he got buried under the earth being carried in the trolly of the tractor whose performance he was checking on behalf of his employer. This happened at the turning near Badkhal Lake on the Delhi-Gurgaon Road at about 3-30 P.M. on April 4, 1983. It was the finding of the Tribunal that the accident had been caused due to the rash and negligent driving of Ajit Singh, the driver of the Tractor. The claimant was held entitled to receive a sum of Rs. 24, 300/- as compensation, but the amount actually awarded was Rs. 14, 300/- after making an allowance for the ex gratia payment of Rs. 10, 000/- made by the employers to the claimant.

(2.) THE evidence on record shows that Nagesh Mathur, deceased; who was only about 26 years of age at the time of his death, had been employed as Technical Assistant since December, 1982 and according to the full and final settlement statement exhibit A.4, the basic pay being drawn by him, at the time of his death, was Rs. 541/- per month. Besides, this, he was also entitled to House-Rent at the rate of Rs. 140/- per month, besides Rs. 75/- as Conveyance Allowance. His total emoluments were thus Rs. 756A.