Rampati v. The United India Insurance Company Ltd.
2008-04-10
R.C.GANDHI
body2008
DigiLaw.ai
JUDGMENT 1. - This appeal has been preferred against the award dated 22.11.2003 passed by the Motor Accident Claims Tribunal, Dholpur in a Claim Petition No. 97/2001 whereby a . sum of Rs. 2,50,000/- has been paid as compensation on account of death of 20 years boy working as Cleaner in a road accident, on the ground that the Tribunal has not properly appreciated the evidence with regard to the income of the deceased. 2. Heard learned counsel for the parties and perused the record. 3. Perusal of the record reveals that employer has come in the witness box and has stated that the deceased was being paid Rs. 2,500/- per month. Tribunal has discussed it in the course of the award but no reasons have been assigned for discarding the evidence. Appellants have proved the income of the deceased as Rs. 2,500/- per month. Taking into consideration the income of the deceased as Rs. 30,000/- yearly and after deducting ⅓rd amount for personal expenses and applying multiplier of 13 as the mother of the deceased was 49 years of age, the loss of dependency comes to Rs. 2,60,000/- The appellants are entitled to Rs. 5,000/- each for love and affection and Rs. 2,000/- for funeral expenses. The total compensation comes to Rs. 2,72,000/-. 4. Appeal is allowed. The award is modified to the extent as indicated hereinabove. Interest awarded by the Tribunal is maintained.Appeal allowed. *******