NEW INDIA ASSURANCE COMPANY LIMITED Vs. SMT. SUSHILA

JUDGEMENT

(1.) Only contention argued in the appeal is that the computation of the wages of the deceased named Devilal is fundamentally wrong. Thus, I note relevant evidence to decide the said contention.

(2.) Devilal died as a result of accident on 21.09.2001. The offending vehicle, a jeep, was insured with the appellant. The wife of the deceased, a minor son, a minor daughter and parents of the deceased were the claimants. As per the claim petition the deceased was gainfully employed in Kuwait and was earning 100 Dinars per month. By working overtime he used to earn between 20 to 30 Dinars. Converted into Indian rupees his income was Rs. 16,500/-. He used to spend V on him and remaining Rs. 11,500/- was sent to the family. Age of the deceased being 30 years, it was pleaded that he could work for another 45 years. Compensation claimed was Rs. 11,500X12X45=62,10,000/-. Towards loss of consortium for the wife, love and affection for the children and the parents Rs. 1, 50,000/- in addition was claimed.

(3.) At the trial the claimants proved Ex.16 i.e. passport of the deceased issued on 20.07.1989 and valid up till 19.07.1999. From the same it is established that for the first time having left for Kuwait in the year 1992 the deceased was working in Kuwait lastly till year 1998.