BHANWAR SINGH Vs. SANJAY KUMAR (SINCE DECEASED)

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) The submission of the learned counsel for the appellants is that the total amount of compensation awarded in the present case is a meager sum and cannot be said to be an adequate compensation, therefore, the same is liable to be enhanced. He further submits that in the claim petition the age of deceased was mentioned as 34 years, therefore, the Tribunal should have applied the multiplier of 17 in place of 16. He, therefore, prayed that the impugned Award may be modified and the amount of compensation may be enhanced.

(3.) I have considered the submissions of the learned counsel for the appellants in the light of finding recorded by the Tribunal with regard to quantum of compensation. The Tribunal has considered the statement of PW-1 Smt. Ramesh Kanwar Wife of deceased, who also died on 7th January, 2006, during the pendency of the claim application, who, in her statement, stated that the monthly income of her husband was Rs.5, 000/-; however, his salary-certificate was not produced on the record; she further admitted that the deceased was not holding a permanent post of driver. The Tribunal observed that in the year 2001 the daily wage of temporary drivers in Roadways was Rs.70/- as per Minimum Wages Act, 1948 and accordingly assessed the monthly income of the deceased as Rs.2100/- or Rs.25, 200/- per annum, and, after deducting 1/3rd amount out of it for personal expenses, the Tribunal assessed the dependency amount as Rs.16, 800/- per annum and, after applying the multiplier of 16, awarded a sum of Rs.2, 68, 800/- (Rupees two lac sixty-eight thousand eight hundred) towards loss of income.