Parkash Devi and Others vs Bal Ram alias Billu and Others

K. Kannan, J.—The appeal is for enhancement of claim for compensation for death of a male, aged 33 years, in an accident that took place on 29.08.1992. The claimants were the widow, 2 minor children and mother. The claimant (wife) stated that of her two children, the elder boy was 11/12 years old and the younger one was of 8 years and that the elder was studying in a boarding school where her husband was incurring Rs. 20,000/- as expenses for his education. She stated that her husband was an agriculturist and also doing business in property dealing. He had 4/5 buffalos and carrying the dairy business as well. This statement was corroborated by PW2 as well and that her estimate was that her husband''s income was Rs. 2 lakh per year. The Tribunal held that though the copy of the jamabandi filed for the year 1989-90 showed that the deceased had about 47 kanals 11 marlas of land, his own income cannot be more than Rs. 2,500/- per month. It assessed a compensation of Rs. 3,15,000/-.

I find the assessment to compensation to be grossly low. It does not properly appreciated the documentary evidence placed to show the relatively sound economic status of the deceased. I will take the loss of managerial skills for agricultural land at Rs. 2,500/-, his income from property dealing and milk business at another Rs. 2,500/- and take the income earned by him at Rs. 5,000/- per month. I will make an usual projection of a prospect of increase in his income at 50% and rework the compensation and tabulate the other heads of claims as well on the scales laid down through the recent decisions of the Supreme Court, as follows:-

There shall be an award of Rs. 12,95,000/- and the additional amount of compensation secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. The additional amount shall be distributed amongst the widow, two children and mother in the ratio of 2:2:2:1. The liability shall be on the New India Assurance Company Limited.

The award stands modified and the appeal is allowed to the above extent.