TETRI ORAIN Vs. DIVISIONAL MANAGER, BAJAJ ALLIANZ GENERAL

JUDGEMENT

(1.) Heard, learned counsel for the parties. Claimants namely, Tetri Orain, Ashok Oraon and Binita Oraon (minor) are the appellants before this Court and they have preferred this appeal for enhancement of the award dtd. 5/1/2013 passed by learned Principal District Judge-cum-P.O., M.A.C.T., Lohardaga, in Compensation Case No.28 of 2007 whereby the learned Tribunal has awarded compensation amount of Rs.3,04,200.00 + Rs.9,500.00 = Rs.3,13,700.00. However, an amount of Rs.50,000.00 paid to the claimants in view of order dtd. 15/7/2008 shall be deducted and adjusted from the total compensation amount of Rs.3,13,700.00. The balance due awarded compensation of Rs.2,63,700.00 with 9% interest per annum shall be paid to the claimants within two months from the date of the filing of the application i.e. 9/3/2007 failing which, the claimants shall be entitled to recover the same with interest on compensation @ 12% per annum by taking suitable step for its recovery.

(2.) Learned counsel for the appellants, Mr. Ashutosh Anand assisted by learned counsel, Ms. Rishi Bharti has submitted that the deceased [Bartu Oraon] died on 9/2/2007 at the age of about 50 years in a motor vehicle accident while going to Patratoli from Sankh side on his bicycle which was dashed by tractor and trailor bearing its registration Nos.JH 08A-7228 and JH08A-7229. The deceased was working as Mason. The claimants have claimed the income of the deceased to be Rs.7,000.00per month as they are dependents upon the deceased but the learned Tribunal without any specific reason has considered the income of the deceased to be Rs.2600.00 per month.

(3.) Learned counsel for the appellants in support of his submission has relied upon the judgment of Chameli Devi vs. Jivrail Mian, reported in 2019 (4) TAC 724 SC where the Apex Court has considered the income of the carpenter to be Rs.5,000.00 per month in absence of any documentary evidence.