Manju Sharma and Others vs Daulat Ram and Others

This appeal is by the claimants for enhancement of the compensation. Deceased Rambabu was travelling in a tractor which met with an accident which resulted into the death of driver of the tractor and injuries to Rambabu. Later Rambabu died in a hospital at Indore. While deceased Rambabu was going on a tractor, tractor No. MP 08/A-5789 driven by Daulatram dashed the tractor from behind in which deceased was sitting on a trolley which resulted into the death of Rambabu. Deceased was aged 24 years at the time of the accident. Claims Tribunal has awarded Rs. 50,000/- as compensation and Rs. 15,000/- towards medical expenses. Claims Tribunal has held that the deceased was earning Rs. 250-300 per month and the evidence that he was likely to be appointed as teacher on completion of training has been held to be imagination and without assigning any reason, Claims Tribunal has determined compensation as Rs. 50,000/- only.

A.W. 1 Manju Sharma has deposed that her husband was getting Rs. 300/- from the Formal Education Centre and after completion of training he was likely to be appointed as teacher in the pay-scale of Rs. 2,000/-. She has further deposed that the deceased was having agricultural income of about Rs. 1,00,000/- Rs. 1,25,000/- per annum.

Evidence on record is not sufficient to determine the income of the deceased. In the said facts of the case, notional income of Rs. 15,000/- per annum is determined and the dependency is determined at Rs. 10,000/- per annum. Considering the age of the deceased, multiplier of 17 is applied to this figure. Thus the claimants are entitled to Rs. 1,70,000/- as compensation. A further sum of Rs. 25,000/- is added to this amount towards medical, expenses, funeral expenses, loss of consortium and other heads. Thus the amount of compensation is enhanced to Rs. 1,95,000/- which shall carry interest at the rate of 10% from the date of application till the date of Award and 8% from the date of appeal till payment of amount.

Appeal succeeds and is allowed. There shall be no order as to costs.