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Judgment
Heard the counsel for the parties.
In this case the deceased died leaving behind the widow, two unmarried sisters and two unmarried dependant brothers. The deceased was a driver aged 35 years.
The Tribunal awarded only a sum of Rs. 97,000/- taking the notional income of the deceased at Rs. 1500/- per month though the claimant brought on record the income certificate and also examined the employer of the deceased as AW 3. According to the appellant the deceased was getting Rs. 3000/- per month. The Tribunal did not accept the evidence of the appellant merely because no documentary evidence was produced.
We are unable to accept the mode of assessment adopted by the Tribunal. In our view, in absence of any evidence otherwise, the Tribunal had no option but to accept the evidence adduced by the appellant regarding monthly income of the deceased. Taking into consideration the monthly income of the deceased at Rs. 3000/- the annual dependany comes to Rs. 24,000/- after deducting 1/3rd out of the total income of the deceased.
We, therefore, assess the compensation at Rs. 2.5 lacs and enhance the same from Rs. 97000/- to Rs. 2.5 lacs with 6% interest from the date of the award. Needless to say that the amount already paid by the respondent-Insurance Company shall be adjusted. The respondent-Insurance Company is directed to pay the rest of the compensation amount to the claimants within a period of two weeks from the date of receipt of a copy of this order. This appeal accordingly. Stands allowed.