Smt. Hero and Others vs Harbhajan Singh and Others

Amarjeet Chaudhary, J.—This appeal is directed against the award of Motor Accident claims Tribunal, Karnal, dated 7.10.1985 which on a claim petition u/s 110-A of the Motor Vehicles Act, had awarded a sum of Rs. 31,200/- as compensation with 10% interest from the date of the claim application, on account of the death of Jai Bhagwan who is alleged to have died in Motor accident on 25.8.1984.

I have considered the submissions of the learned counsel for the parties and have perused the paper book.

The case of the claimants was that the deceased was 20 years of age at the time of death and he used to work at the garden taken by him on lease. The income of the deceased was stated to be Rs. 600/- per month from the garden. However, the Tribunal did not accept the version of the claimants on the question of income of the deceased and taking into consideration minimum wage of a whole time worker at the lowest job as Rs. 390/- per month, the dependency of the claimants was worked out to be Rs. 260/- per month.

Counsel for the appellants has argued that even the monthly income of a daily wage worker cannot be less than Rs. 750/-. As such the minimum wage theory in the instant case should not have been made applicable.

After giving throughtful consideration to the matter, I am of the view that monthly income of the deceased cannot be less than Rs. 600/- at the time of death out of which he must be spending 1/3rd on himself. Therefore, the monthly dependency of the claimants is held to be Rs. 400/- By applying a multiplier of 10 the claimants are held entitled to Rs. 48,000/- with 12% interest from the date of the claim petition till its realization. The compensation already granted is to be adjusted.

For the aforesaid reasons the appeal is allowed to the extent indicated above, No order as to costs.