Parath Singh and 3 Others vs Sanjay Sharma and Two Others

R.B. Dixit, J.—This is claimants'' appeal against an award dated 1.4.1998 of Fourth Additional Motor Accident Claims Tribunal, Morena, in Claim Case No. 2/1997 wherein compensation of Rs. 90,000/- was allowed for the death of the deceased.

The learned Claims Tribunal found deceased Charan Singh/aged about 25 years, at the time of the incident he was unmarried having three brothers and father aged about 50 year in his family. The learned Claims Tribunal came to a conclusion that the deceased had no independent income and in the circumstances found him to be unskilled labourer and presumed his income as Rs. 1,000/- per month and applied multiplier of 12.

The learned Counsel of the appellants has submitted that in case it is found that the deceased had no independent income, the compensation should have been awarded by presuming notional income at the rate of Rs. 15,000/- per year. However, the learned Counsel of the respondent No. 3, on the other hand, has relied upon a decision of the Apex Court in the case of Donat Louis Machado and Others Vs. L. Ravindra and Others, , wherein it has been held that the deceased aged 31, earning Rs. 2,500/- per month and claimants were parents and sister, the dependency of parents and sister was calculated as 1/3rd amount as he would have spent 2/3rd amount of his earning on his own family which he would have raised on himself.

In the present case also the deceased was unmarried and having three brothers to support his father aged 50 years of age. In the circumstances, in our opinion, the learned Claims Tribunal has assessed the compensation on . the higher side, which, in our opinion, is not required to be interfered in this appeal.

For the reasons stated hereinabove this appeal fails and is dismissed.