SOBHAGYAVATI @ ORS. Vs. SOM NATH & ORS.

JUDGEMENT

(1.) - The claimant-appellants have filed this appeal for enhancement of amount of compensation against the judgment/award dated 26th Dec., 1990 whereby the learned Tribunal passed an award in favour of the claimants for Rs. 1,70,560.00 against non-applicants jointly and severely and interest @ 12% was also awarded.

(2.) The facts of the case, age and income of deceased are not in dispute in between the parties. The grievance of the claimants appellants are that no compensation has been awarded for future prospectus of the deceased who died in an accident. The learned counsel for the appellants has referred a judgment of the Apex Court in General Manager, Kerala State Road Transport Corporation Vs. Sushma Thomas & Others, 1994 ACJ 1 . The learned Tribunal while deciding issue No. 3 has placed reliance upon Ex. P.7, the salary certificate of the deceased Bhawar Singh. According to the Certificate of date of birth, the age of superannuation of the deceased was 9th Oct., 1997. The salary of the deceased was Rs. 1515.00 per month. The learned Tribunal deducted ⅓rd amount of the salary of the deceased on account of his personal expenses and remaining ⅔rd amount Rs. 1010.00 was made basis for calculating the amount of compensation looking to age of deceased, the Tribunal applied the multiplier of 13 and awarded compensation of Rs. 1,57,560.00.

(3.) The learned counsel for the respondent has contested the appeal and submitted that the compensation awarded by the learned Tribunal is just and reasonable and this is not a fit case for enhancement of the compensation.