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2003 DIGILAW 5 (KAR)

S. VIJAYALAKSHMI v. BHASHKARACHAR

2003-01-02

M.F.SALDANHA, M.S.RAJENDRA PRASAD

body2003
M. F. SALDANHA, J. ( 1 ) WE have heard the learned Counsels on both sides. ( 2 ) THE principal ground canvassed in this appeal is that the Tribunal was wrong in having disqualified the claimants from claiming compensation in the normal manner prescribed by law on the solitary ground that the first petitioner-wife had been given a job on compassionate basis as a clerk and that in view of this position, she was not eligible to the compensation that would normally have been computed. There is neither rationality nor justification for this finding and consequently, we have no option except to set it aside and to compute the compensation that the claimants would be entitled to in keeping with the material on record. Having taken into account the salary, the age of the claimants and the rest of the material on record, the aggregate compensation works out to Rs. 3,02,660/- which is rounded off by us to Rs. 3,05,000/ -. ( 3 ) THE Corporation's learned Counsel has vehemently submitted that in the matter of computation, the Court ought not to have adopted the multiplier of 15, because the age in this case would be 38 years insofar as the deceased was closer to that age than to the figure 37. We find that since the deceased was aged 37 years and 8 months, application of the multiplier 15 is justified and that the computation done on this basis will have to be accepted. Secondly, what was pointed out to us was that since the aggregate compensation works out to a substantial figure and since the case was of the year 1992, the Court should not accept the submission canvassed on behalf of the appellants that the rate of interest should be enhanced from 6% to 8%. What we need to take into account is the delay in disposal of the case and secondly, the fact that we are dealing with persons of very modest means and consequently, every rupee makes a difference to them. In this case, the deceased has left behind a young widow, two very young children and aged parents and there are virtually three groups of sharers in the compensation and in our considered view, therefore, while enhancing the compensation to Rs. 3,05,000/-, the rate of interest will have to be enhanced to 8% in place of earlier figure of 6%. In this case, the deceased has left behind a young widow, two very young children and aged parents and there are virtually three groups of sharers in the compensation and in our considered view, therefore, while enhancing the compensation to Rs. 3,05,000/-, the rate of interest will have to be enhanced to 8% in place of earlier figure of 6%. ( 4 ) THE respondents are directed to deposit the balance of the compensation amount with the Tribunal, within a period of 12 weeks from today. On receipt of the amount, the Trial Court shall invest a sum of rs. 50,000/- each in the names of two minor children and a sum of Rs. 30,000/- each in the names of the parents and a sum of Rs. 90,000/- in the name of the first petitioner-mother of the minor children. All these investments shall be made with the Post Office S. B. Account at a place close to where the persons are normally residing. Mandate to the Post office shall be that the amount shall be invested in the monthly income-tax free scheme of the Post Office. The interest shall be credited to the s. B. Account and shall be released to the beneficiaries from month to month, if they so desire. On completion of the prescribed scheme of 10 years, the amount in question to be released to the beneficiaries or their nominees or the legal heirs as the case may be. The balance amount to be released to the claimants. We clarify that the parents, petitioners 4 and 5, are awarded a sum of Rs. 40,000/- each, the minor children are awarded a sum of Rs. 60,000/- each and the whole of the balance amount is awarded to petitioner 1-wife. We have prescribed the amounts that are to be invested and we reiterate that the balance shall be released to the applicants concerned. The appeal accordingly succeeds to this extent and stands disposed of. No order as to costs. --- *** --- .