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2015 DIGILAW 369 (ALL)

Amana Bibi v. New India Insurance Company Ltd. Thru Divisional Manager

2015-02-24

RAJIV SHARMA, RAKESH SRIVASTAVA

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JUDGMENT Heard learned Counsel for the parties. 2. Instant appeal has been filed with prayer that this Hon'ble Court may kindly be pleased to modify the judgment and order dated 31.05.2003, passed by Vth Additional District Judge, Faizabad and award the compensation as claimed in the claim petition.? 3. The sole argument advanced on behalf of the appellants is that though deceased Amin @ Amina used to earn Rs.3,000/- per month, yet the Tribunal has not considered this vital aspect. However, the Tribunal while pronouncing the Award has taken into consideration Rs.18,000/- per annum. 4. In this regard, the appellant's counsel has drawn the Court's attention towards the case law of Laxmi Devi and Others v. Mohammad Tabbar and another, (2008) 12 SCC 165 . In this case, the Apex Court approved the findings of the Uttaranchal High Court to the effect that even an unskilled labour these days can easily earn Rs.100/- per day, i.e Rs.36,000/- per annum. By deducting one third income of the deceased for his personal expenses, the claimants dependency was assessed at Rs.24,000/- per annum. Learned Counsel for the respondent does not dispute the aforesaid legal proposition. 5. In view of the aforesaid settled proposition of law, we assess the income of the deceased to the tune of Rs.3,000/- per month and Rs.36,000/- per annum. After deducting 1/3 as personal expenses from Rs.36,000/-, the income shall comes to Rs.24,000/- per annum. The tribunal has applied the multiplier of 5. Accordingly, we also apply the multiplier of 5 to the annual income of Rs.24,000/- total making compensation Rs.1,20,000/-. The Tribunal has also awarded Rs. 11,000/- in the head of love and affection and Rs.2,000/- for funeral expenses. 6. Accordingly, the present appeal is allowed and the impugned award dated 31.5.2003 stands modified. We assess the total compensation to the tune of Rs.1,20,000/- [Rs.1,20,000 + Rs. 11,000 + Rs.2,000]. It is made clear that we have not altered the interest and rest of the Award passed by the Tribunal. 7. Accordingly, the appeal is partly allowed. No order shall pass as to costs.