Tundaram and Others vs Veer Singh Gurjar and Others

S.S. Jha, J.—Both these appeals are filed by the appellants for enhancement of compensation.

In M.A. No. 450/2000, deceased Ramveer Singh, died in accident. Claimants in support of their claim has examined Rambeti, widow of deceased Ramveer Singh as A.W. 2. This witness has deposed that deceased was earning Rs. 5,000 (Rs. five thousand only) per month. He was a skilled worker and apart from the work of artisan the deceased was earning from selling milk. This witness in para 7 of her cross-examination has admitted that the she-buffaloes are still with the family and she is selling milk. Thus, it can safely be held that the deceased was having the income of Rs. 2,500 (Rs. two thousand five hundred only) per month and yearly income is assessed at Rs. 30,000 (Rs. thirty thousand only). Out of thirty thousand, deceased was spending 1 /3rd of his income upon himself and remaining Rs. 20,000 he was spending upon the members of his family. According to claimants deceased was 30 years age. But in the post-mortem report age of deceased is mentioned as 33 years. Therefore, the age of the deceased Ramveer Singh, at the time of accident was between 30-35 years. On applying multiplier of 17 the compensation is determined at Rs. 3,40,000 (Rs. three lac forty thousand only), Claimants will be further entitled for sum of Rs. 20,000 (Rs, twenty thousand only) towards damages under various acts such as loss of estate, funeral expenses, ete. etc. Thus, compensation is determined at Rs. 3,60,000 (Rs. three lac sixty thousand only).

In M.A. No. 451/2000 claimant Vidhyadevi, who is widow of deceased is examined as A.W. 2. She has deposed that her husband was earning Rs. 5,000 (Rs. live thousand only) per month. He was having two she-buffaloes and he was also earning from selling milk. In the cross-examination there is no deposition of his monthly income. But this witness has admitted that the work of selling milk is carried on by her. Therefore, income from selling milk is not reduced. Considering the over all factors of the case, income of deceased is determined at Rs. 2,500 (Rs. two thousand five hundred only) per month and yearly income is determined at Rs. 30,000 (Rs. thirty thousand only). The deceased was between 20-25 years of age. But in the post-mortem report his age is mentioned as 23 years whereas Widow of deceased has treated his age to be around 22 years. Therefore, multiplier of 17 will be applicable. On applying multiplier of 17 compensation is determined at Rs. 3,40,000 (Rs. three lac forty thousand only). Claimants will also be entitled for Rs. 20,000 (Rs. twenty thousand only) for damages under various acts such as loss of estate, loss of consortium and funeral expenses etc, etc. Over and above this amount, claimants in both the appeals will be entitled for interest at the rate of 6% per annum from the date of filing of appeal.

The amount of compensation shall be deposited in fixed deposit in a nationalised bank. The claimants will be entitled for interest on the said amount. The fixed deposit shall be renewed from time-to-time. However, in case, claimants require any amount they may move an application for their urgency regarding payment out of the compensation amount. The Claims Tribunal shall pass orders on the said application after examining the case for payment out of amount of compensation, if satisfied grounds for payment are made out. With the aforesaid observation, appeals are allowed in part. There shall be no order as to costs.