JULY KUMARI Vs. THE ORIENTAL INSURANCE COMAPNAY LIMITED

JUDGEMENT

(1.) This is an application for enhancement of compensation by the claimants, who are the wife and the minor child of deceased Guddu Kumar, who died in a motor accident that took place on 07.05.2006.Guddu Kumar is said to have been employed in a Maruti Van bearing No. JH 11C 2243 which collided with a Tata Sumo on the fateful day and Guddu Kumar succumbed to injuries. Claiming a compensation of Rs.1,00,000/- on account of death of Guddu Kumar, the application in question was filed.

(2.) It was the case of the claimants that Guddu Kumar was working as a driver, was earning Rs.4500/- per month, he was aged 25 years and on the basis of the aforesaid, the claim was made. Based on the evidence and materials that came on record, the learned Tribunal assessed daily earning of Guddu Kumar at Rs.77/- per day being the wages paid to an unskilled classified as a driver vide Notification issued by the Labour Resources Department, Government of Bihar on 31.07.2006 under the Minimum Wages Act. That apart, based on the documentary evidence that came on record, namely Ext-3, the medical reports, the age of the deceased was assessed at 35 years and after granting a sum of Rs.9500/- on various other heads, like loss of consortium, loss of estate, funeral expenses etc., the total compensation of Rs.2,15,756/- has been awarded along with interest at the rate of 6% per annum with effect from 03.01.2012.

(3.) As far as award of interest is concerned, even though the accident took place in the year 2006 while considering the question of grant of any other relief or reliefs and discussing issue No.VI, it has been found by the Tribunal that after filing of the application in the year 2006, the Court fees was paid and all defects removed by the applicants after three years, i.e. on 18.03.2009 and even after the issues were framed on 15.03.2011, the evidence was led by the claimants on 03.01.2012 and with effect from the date they entered the witness box, the interest has been given. Seeking enhancement of compensation and contending that the amount of compensation awarded is on lower side, this appeal has been filed.