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Judgment
K. Kannan, J.—The appeal is for enhancement of claim for compensation for death of a male, aged 30 years. The accident was on 17.10.1995. The deceased was a Patwari in Revenue Department, said to be earning about Rs. 5,000/- per month. The claimant was the sister.
At the time of trial, the sister gave evidence to the effect that she had been employed as a teacher on 20.12.1996 and was earning Rs. 7,300/- per month. The Tribunal, therefore, observed that her own dependency lasted for only 1 year and 2 months and assessed the compensation of Rs. 14,000/-.
In a case where the claim is made by a person who is a legal heir and her own dependence was limited only for a short period, the compensation shall be assessed not merely on the extent of dependence but also as a heir to the deceased who could have come by benefit by inheritance to the estate that the deceased left behind. A Patwari in Revenue Department would have earned substantially and I would believe that the petitioner''s own status as a legal heir could not be denied. She would have come by a benefit not less than Rs. 75,000/- by way of loss to estate.
The additional amount of compensation will attract interest at 7.5% per annum from the date of petition till date of payment. The liability shall be in the same manner as assessed already by the Tribunal.
The award stands modified and the appeal is allowed to the above extent.