MASUDA KHATOON Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the Insurance Company.

(2.) This appeal filed by the claimant is for enhancement of compensation. It appears that a person died in a motor accident aged about 28 years and the claimant is the widowed mother aged about 50 years whose only son has died. According to the claimant, the deceased was a labourer and was earning Rs. 3000/- per month. Although, the evidence was led by the claimant that the deceased was earning Rs. 150/- per day, but ignoring the evidence the Tribunal has come to its own conclusion that the deceased might have been earning Rs. 2,000/- per month.

(3.) In our view, this finding of the Tribunal on its own, can not be sustained in law. In any event, the monthly income of the deceased shall be laken at Rs.3,000/-. The annual dependency would be Rs. 24.000/-. Taking the multiplier of 11 by the Tribunal, the compensation amount comes to Rs. 2,64,000/-. It is worth to mention here that the claimants in their application have claimed a compensation of Rs. 2,50,000/- and additional sum of Rs. 50,000/- on account of mental shock and agony. Since, the compensation has been assessed on the basis of multiplier theory, any further compensation on account of pain and agony should not be entertained. Be that as it may, as against the claim of Rs. 2,50,000/- by the claimant, we are of the view that a sum of Rs.2,64,000/- would be just and reasonable.