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2006 DIGILAW 227 (RAJ)

Chand Devi v. Ajmat Alias Kangari

2006-01-20

KHEM CHAND SHARMA, Y.R.MEENA

body2006
JUDGMENT 1. - The husband of the appellant No. 1, father of the appellant Nos. 2 to 5 and son of appellant Nos. 6 and 7 expired in the road accident on 15th June, 1988. A claim petition was filed for compensation of Rs. 31,05,000. 2. Tribunal while considering the earning of the deceased and the fact that wife of the deceased was getting pension as well as she got the appointment on compassionate ground, to that extent reduced the amount of compensation and awarded the compensation of Rs. 1,72,000. 3. In writ petition before learned Single Judge, learned Single Judge has enhanced it to Rs. 2,25,000. 4. Counsel for the appellant submits that when the deceased was in service, the multiplier which is given in the schedule should be applied. 5. Even if that multiplier of schedule is to be applied, the amount which the wife of the deceased is getting by way of pay on account of her appointment on compassionate ground, that cannot be ignored as the compensation is financial assistance on death of deceased to his dependents. Therefore, when the wife of the deceased is getting pay on account of appointment on compassionate ground on death of her husband, that financial assistance, which she is getting by way of salary on her appointment, that cannot be ignored. 6. Inspite of that, learned Single Judge has enhanced the compensation from Rs. 1,72,000 to Rs. 2,25,000. That is just and reasonable. 7. We see no justification to interfere in the order of learned Single Judge. 8. Consequently the appeal stands dismissed at admission stage.Appeal dismissed. *******