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Tripura High Court · body

2015 DIGILAW 214 (TRI)

Khilingti Debbarma v. Rajani Debbarma

2015-04-27

DEEPAK GUPTA

body2015
JUDGMENT : This appeal arises out of the award of Commissioner, Workmen’s Compensation whereby, compensation of Rs.1,61,460/- has been awarded to the claimants. 2. The claim-petitioners are the widow, minor daughter and parents of the deceased. The learned Commissioner assessed the income of the deceased at Rs.1,500/- per month, assessed the dependency at 50% and then applied the relevant factor as per Schedule IV of the Act and assessed the compensation at Rs.1,61,460/-. 3. The main question is whether the income of the deceased has been rightly determined. The widow claimed that her husband was earning Rs.5,000/- per month and at the time of his death he was 30 years of old. There is no proof either of the income or of the age. However, since the widow was about 25 years, the age can reasonably be taken to be 30 years. As far as income is concerned, I am of the considered view that the learned Commissioner gravely erred in limiting the income at Rs.1,500/-. Even in the year 2003, a driver would not earn less than Rs.100/- per day and it would not be unreasonable to assess his income at Rs.3,000/- per month and the compensation is assessed accordingly. 50% of Rs.3,000/- works out to Rs.15,000/-. Rs.3,000/- x 50% x relevant factor 207.99. The compensation therefore works out to Rs.3,11,970/- (Rupees Three lacs eleven thousand nine hundred seventy). 4. On this amount, the claimant shall also be entitled to interest @ 12% per annum from the date of accident till deposit/payment of the entire amount. Obviously, the insurance company shall be entitled to adjust the amount already paid by it. 5. In this case, in fact, there is no evidence to suggest that the parents were dependant on the deceased. However, since the award of the Workmen’s Compensation has not been challenged on that count, I am limiting their claim to the amount awarded to them by the Workmen’s Compensation. The enhanced amount shall be paid to the widow Smt. Khilingti Debbarma and minor daughter Miss Anisha Debbarma in equal shares. This amount shall be deposited with the Commissioner, Workmen’s Compensation within a period of 8 (eight) weeks from today, who shall deal with this amount strictly in accordance with the provision of Section 8 of the Workmen’s Compensation Act. 6. Send down the LCRs forthwith.