CHANDRAKANTA Vs. ASHFAK AHMAD

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the entire record of the appeal.

(2.) This is the claimants' special appeal in which prayer has been made for en- hancement of the amount of compensation awarded by the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur (for short, 'the Tribunal'). The learned Tribunal awarded the compensation of Rs. 2,53,000 in favour of the claimants-appellants. For enhancement of that amount, appeal has been filed but the learned single Judge dismissed the same, thus this special appeal.

(3.) It is not in dispute that deceased Prem Narayan was in permanent employment of the then Rajasthan State Electricity Board working as meter reader. On 29.2.1988 he died in a motor accident. His salary was Rs. 1,536 per month and he was aged 40 years. Though there is no dispute that he was in permanent employment but future prospects have not been taken into consideration both by learned Tribunal and the learned single Judge while determining the amount of compensation. There is authority on the point that in such matters double of the income of the deceased is to be taken into consideration for the purpose of arriving at the figure of just compensation. Thus it is a case where enhancement of compensation needs to be made,