TARA DEVI Vs. SAIFUN KHATOON

JUDGEMENT

(1.) THIS appeal by the claimants -appellants is for enhancement of compensation. The deceased, Sharwan Kumar Agarwal, died in a motor vehicle accident on 8.3.2003. The claimants adduced evidence to the effect that the deceased was aged about 55 years and he was carrying on different businesses like retail medicine business, hosiery business and other businesses. In support of the earning of the deceased Income Tax Return certificate has been produced for the year 2002 -03 showing the gross income of the deceased at Rs. 53,774/ -. The Tribunal dealt with the evidence in paragraph 18 of the judgment, which is reproduced herein below:

(2.) CONSIDERING the evidence produced by the claimants - appellants, we are of the view that the Tribunal has not correctly recorded the finding with regard to income of the deceased. Admittedly, the deceased was a income tax payee. At no stretch of imagination, it can be inferred that the deceased was earning not even 3000/ - per month. Accordingly, the income of Rs. 51,000/ - should have been taken as the annual earning of the deceased for the purpose of calculation of compensation. If one third of the said amount is deducted the annual dependency comes to Rs. 34,000/ - Taking multiplier of eight, as taken by the Tribunal, the amount of compensation comes to about Rs. 2,72,000/ -. However considering the age of the deceased and also the gross annual income of Rs. 51,000/ - as mentioned in the judgment, in our considered opinion a sum of Rs. 2,50,000/ - must be a reasonable compensation.