Smt. Santosh and Others vs Fathe Singh and Others

K. Kannan, J.—The appeal is for enhancement of compensation for death of male aged 48 years. The accident had taken place on 21.11.1996. The deceased was a foreman in a private company called Haryana Concast Limited earning Rs. 2465/-. He was also said to be having income through agriculture. The tribunal took contribution to the family at Rs. 20,000/- per year and applied a multiplier of 13 and assessed a compensation of Rs. 2,84,500/-.

I do not find the assessment of income to be correct. It is not very clear from the evidence as to how the tribunal has taken the income at 30,000/- as contribution to the family. It is set out in the body of the judgment that the salary certificate has been filed and it is stated that he was earning 7,000/- including all the benefits. He also had agricultural income and the jamabandi filed was Ex. P-14 and P-15 and mutation had been filed as Ex. P-16 and salary certificate was filed as Ex. P-17. Since the original records have been burnt, I do not have copy of the documents. I assume that the aggregate income from agriculture as well as from his salary must be taken as 7,500/-with all prospects of increase and the compensation has to be worked out.

I have tabulated the various heads of compensation as under:-

There shall be an award of Rs. 11,42,500/-. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The compensation assessed shall be distributed amongst the widow and three children.

The award is modified and the appeal is allowed to the above extent.