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2003 DIGILAW 835 (MP)

Champa Devi v. Birendra Bhawsaar

2003-07-10

CHANDRESH BHUSHAN, S.S.JHA

body2003
JUDGMENT This appeal is by the claimants for enhancement of the compensation. Findings regarding rash and negligent driving, accident and age of the deceased are not disputed. Argument is being raised only on the question of quantum of compensation. The accident was caused by Mini Bus No. MPO4-7254 on 6.3.1997 at 1-45 in the afternoon at Vidisha-Gyaraspur road near Pipalkheda. Counsel for the appellants invited attention to para 13 of the award. In para 13 of the award, Claims Tribunal has held that normally conductors are not getting salary of Rs. 1,500/- per month, but on other hand it is mentioned that normally conductors get Rs. 1,500/- p.m. as salary but in the absence of cogent evidence regarding salary evidence of claimants that deceased was earning Rs. 50/- per day was accepted and determined the income at Rs. 1,000/- per month and determined annual dependency at Rs. 8,400/-. Learned counsel for appellants submitted that if evidence about the income was not accepted then also Claims Tribunal should have determined the notional income at Rs. 15,000/- per year and determined dependency at Rs. 10,000/- per year. Counsel for the appellants further submitted that apart from being conductor of the bus deceased was also repairing Kisan Torch and T.V. and other electronic equipments but this fact is not mentioned in the claim petition as well as no certificate regarding qualification of the deceased for repairs of electronic equipments has been filed. Therefore, the Claims Tribunal has rightly disbelieved the evidence regarding additional income of the deceased. It is admitted that the deceased was 35 years of the age at the time of death. In the facts of the case it will be proper to apply multiplier of 17 to the figure of annual dependency of Rs. 10,000/- Claimants are entitled for Rs. 1,70,000/- towards compensation and further amount of Rs. 20,000/- on various heads like loss of consortium, funeral expenses, etc. and the compensation is determined at Rs. 1,90,000/-. Over the enhanced amount claimants will be entitled for interest at the rate of 7% from the date of appeal till final payment. Appeal succeeds and is allowed. There shall be no order, as to costs.