MAROOFA BEGUM Vs. STATE OF J&K

JUDGEMENT

(1.) THIS 1st Miscellaneous Appeal has been preferred against the Award dated 16.01.2001 passed by the Presiding Officer, MACT, Ramban in a Claim Petition seeking compensation of Rs.21 lacs.

(2.) NOOR Hussain, husband of Appellant No.1 met with an accident on 14.2.1998 while he was proceeding to Udhampur on duty. Accident took place at 148 Km on National Highway at Mehad with offending vehicle Gypsy No. 0297 -JK02C belonging to the Govt. of J&K. Noor Hussain as a result of the accident died on the spot. The claim petition came to be filed by the Appellant widow and her children. The deceased was of the age of 43 years working as village level worker. He was drawing salary Rs.5820/ - per month. The Tribunal out of the pleadings of the parties framed the following issue: -

(3.) ON appreciation of the evidence led by the parties, the Tribunal has determined the income of the deceased as Rs.5820/ - per month. By applying multiplier of 13, the Appellants have been held entitled to a sum of Rs.6.98,400/ - with interest @ 12% from the date of filing of the objections by the respondents but deducted Rs.4,88,880/ - as income to the claimants being family pension available to the Appellants.