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2005 DIGILAW 3254 (RAJ)

Aetri v. Raguveer

2005-12-08

VINEET KOTHARI

body2005
Judgment Dr.Vineet Kothari, J.-Heard learned Counsel for the parties. 2. This appeal is for enhancement of compensation awarded by the Tribunal vide award dated 25.09.1998 deciding the claim case No. 78/1996. The Tribunal after arriving at the finding of the said accident resulting on account of a rash and negligent driving of Truck No. RJB-1913 on 10.07.1995, as a result of which the deceased Phoolji died. He was a labourer. 3. The Tribunal has taken monthly average income of said labourer only at Rs. 500/-per month and after deducting 1/3rd towards personal expenses, came to a net monthly income Rs. 334/-and multiplier of 8 was applied by the Tribunal and thus a compensation of Rs. 32,000/-only was computed towards loss of dependency benefits. The said compensation of other under conventional heads of Rs. 35,000/-was added and total compensation was awarded Rs. 67,000/-with interest @ 12%. 4. After perusal of record and impugned order, this compensation appears to be abysmally law. The Second Schedule to the Act prescribes minimum income of Rs. 15,000/-per year even for non-earning members whereas the deceased was working as labourer and was about 50 years of age as per Post Mortem Report. Thus, taking the net monthly income at Rs. 1,000/- and after deducting 1/3rd towards personal expenses and multiplier of 13 deserves to be applied as per the said Second Schedule. Thus, computed the benefit of dependency would work out to Rs. 1,56,000/-the compensation awarded under conventional heads of Rs. 35,000/-is maintained. Thus, total compensation would work out to Rs. 1,91,000 /-. The enhanced amount shall be paid with interest @ 7.5% from the date of award i.e., 29.05.1998 till the date of payment. The said enhanced amount would be payable 50% in the form of Fixed Deposit in the name of legal representatives Smt. Aetri, widow of the deceased Phoolji and son Shanker payable to either or survivor for a period of five years. Further renewal of the said FDR will depend upon the instructions of the claimants. 25% of the remaining balance amount shall be paid in cash to Smt. Aetri and remaining 25% of the amount, shall be paid by account payee cheque to be deposited in Saving Bank Account of the claimants in the joint names. 5. With these modifications, the present appeal is allowed as indicated above with no order as to costs.