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1997 DIGILAW 517 (RAJ)

Poora Ram v. Yad Ram

1997-04-21

SHIV KUMAR SHARMA

body1997
JUDGMENT 1. - A tragic accident snuffed the life of a young boy Gopal aged 22 years. He was a mason and used to earn Rs. 1500/- per month. His parents filed claim petition. The tribunal awarded Rs. 53,600/-. Dissatisfied with the size of the award, the appellants have now preferred this appeal. 2. Learned tribunal computed loss of dependency at Rs. 350/- per month and applied multiplier of 5. It was also held that the deceased would have paid half of his earned wages to his parents for a period of ten years. Rs. 25,000/- were awarded for the mental agony and loss of love and affection. 3. Hazi Zainullah Khan v. Nagar Mahapalika, A.J.R. 1994(2) 274 was the case where deceased, a student of 20 years of age was hit by a truck. The Supreme Court awarded Rs. 1,50,000/- as compensation to the claimants. 4. Relying on the Hazi Zainullah Khan's case (supra) this court in Bharulal v. Sh. Nanu Ram and others, 1996(1) WLC (Raj.) 142 also awarded Rs. 1,50,000/- to the family of deceased Possa an agriculturist labour of 20 years of age. 5. Considering the above two decisions I am of the view that the quantum of compensation awarded by the learned tribunal is obviously insufficient and is required to he stepped up. 6. Consequently, I modify the award and direct that appellants are entitled to receive a lump sum compensation to the tune of Rs. 1,50,000/- with interest @ 12% per annum from the date of filing of the claim petition till realization. Other directions issued by the learned tribunal in the impugned judgment in respect of manner of deposit are maintained.Appeal Allowed - Award Modified. *******