SAMPAT Vs. JAGDEV SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal has been preferred by the claimants being dis- satisfied with the quantum of compensation and seeking enhancement thereof.

(3.) COMING now to the question of correctness of reduction of 1/3rd of the amount of income which would have been spent by the deceased on himself, had he been alive, out of the amount of compensation calculated on the basis of the notional income of Rs. 15,000/- per annum. In the circumstances, the appeal is allowed and it is held that appellant shall be entitled to full amount of compensation with no deduction of 1/3rd amount. Since multiplier of 17 has been adopted by the Tribunal therefore, notional income of the deceased of Rs. 15,000/- per annum assessed on that basis by the Tribunal, would be Rs. 2,55,000/- whereas amount of Rs. 25,000/- awarded on other heads is maintained. Thus, appellants would now be entitled to total compensation of Rs. 2,80,000/- (2,55,000 + 25,000 ). The truck owner and non-claimants shall jointly and severally be liable to pay the enhanced compensation. However, it is made clear that appellants would be entitled to interest @ 7. 5% only to the extent of enhanced amount of compensation from the date of filing of the claim petition and for earlier period, on the amount originally awarded, at the rate of 12% already awarded by the Tribunal. .