GAYTRI DEVI Vs. SUKHDEO PRASAD JAISWAL

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. This appeal by the claimant appellants is for enhancement of compensation awarded by the Tribunal in Claim Case No. 19 of 1991.

(2.) THERE is no dispute with regard to the monthly earning of the deceased. The deceased was getting Rs. 1,184. 43+20% bonus every year. Out of Rs. 1,200/-, the tribunal has taken only Rs. 931/- as the monthly dependency and the annual dependency has been assessed at Rs. 11,172/ -. After taking the multiplier of 13 years, the tribunal assessed compensation at rs. 1,45,236/-

(3.) LEARNED Counsel for the appellants submitted that considering the age of the deceased and also the fact that the deceased died leaving behind his widow, minor children and other dependents, the award cannot and shall not be less than Rs. 25. 3 lakh. We are not able to accept the submission of the leaned Counsel. Admittedly, the deceased was earning Rs. 1,200 per month and, therefore, the amount of monthly dependency as taken by the Tribunal needs no interference by this courr However, the Tribunal ought to have taken the minimum of 16 years of purchase while assessing compensation. If the annual dependency is multiplied by 16 years of purchase, the amount of compensation comes to Rs. 1,78,772/- Taking to consideration the admitted earning of the deceased, as also the rate of interest awarded by the Tribunal we have no option, but to hold that the amount of compensation which the claimants are entitled cannot be more than Rs. 1,75 lakh, besides interest awarded by the Tribunal. This appeal is accordingly dismissed.