Smt. Partibha and Others vs Vedpal and Others

K. Kannan, J.—The appeal is for enhancement of compensation. The widow, parents and sister are the claimants. The deceased was a young Development officer on probation drawing Rs. 3630/-. I take the income that he would have earned on confirmation at Rs. 5000/- and rework the compensation and tabulate as under:-

The compensation shall be Rs. 11,32,500/-. The additional amount shall fetch 9% interest from the date of petition till the date of payment. The claim had been allowed only for the widow and the claim for others had been dismissed. If the widow was prepared to join along with her parents-in-law and make the claim, it was fair enough that the compensation amount had been apportioned to them as well. The widow shall take twice as the parents-in-law put together in the ratio of (2: 1/2: 1/2) 4:1:1 the claim on behalf of the sister is dismissed.

The amount assessed proximates to the proposal made by the claimant for settlement. It is unfortunate that the Insurance has spurred it without due consideration and has pushed for an adjudication on adversarial mode. The right of enforcement is available against the insurer, with costs assessed at Rs. 25,000/-.

The appeal is allowed.