SRIMATI RABIDAS Vs. NEW INDIA ASSURANCE CO.LTD

JUDGEMENT

(1.) HEARD the learned Counsel for the parties and with their consent this appeal is disposed of at the admission stage.

(2.) THE deceased was a cleaner in the truck and he died in a motor vehicle accident. The deceased was aged 35 years and according to the claimants his monthly income was Rs. 2400.00 The Tribunal has relied upon the monthly income of the deceased. In absence of any evidence, the Tribunal took the notional income at Rs. 15,000.00 and assessed the compensation of Rs. 1,60,000.00 The claimants who are the widow and minor children have assailed the impugned award and appealed for enhancement of compensation.

(3.) THIS appeal is, therefore, allowed and the compensation amount is increased at a lump sum Rs. 2.5 lakhs inclusive of interest but excluding amount already received by the claimant. The respondent -Insurance Company is directed to pay the minus amount already paid by the owner of the vehicle.