NOOR ASISHA KHATOON Vs. SURJIT SINGH

JUDGEMENT

(1.) SINCE in both these appeals, common questions of law are involved, the same are being disposed by this common order. The claimants are the appellants in both these appeals.

(2.) ON 4-11-2000 the deceased dr. Mahmood Alam along with his daughter noor Shamshi was traveling in a bus known as "pal Coach" bearing registration No. BR 14p 5475. As the driver of the said bus was drivingthe bus in a rash and negligent manner, the bus went outside the road and ultimately dashed against a road side tree near Khajo river in the district of Bokaro, as a result of which, many of the passengers including the deceased Dr. Mahmood Alam and his daughter received fatal injuries and died at the spot. The widow along with her minor children filed a Claim Case No. 16 of 2001 claiming compensation for the death of her husband Dr. Mahmood Alam. The widow also filed a separate claim case being Claim case No. 17 of 2001 claiming compensation for the death of her daughter Noor Shamshi. Both the cases were taken together by the tribunal and disposed of by the common judgment and Award, which is impugned in these two appeals.

(3.) SO far as Dr. Mahmood Alam is concerned, the case of the claimant was that he was a Government servant working as unani Chikits Padadhikari and was getting salary of Rs. 20,065/- per month and in support thereof, salary certificate was filed. The tribunal held that at the time of his death, the basic salary of the deceased was Rs. 10,100/-and Dearness Allowance was Rs. 5,176/-, thus the total amount payable to the deceased was Rs. 15,276/ -. The Tribunal deducted 1/3rd out of the said amount and assessed the monthly dependency at Rs. 10,184/ -. The tribunal finally multiplied the annual dependency by 6 years on the ground that the deceased was 52 years of age and he would have continued in service up to 58 years. Accordingly, a sum of Rs. 7,33,248/- was determined by way of compensation.