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1991 Supreme(Del) 478

S.B.WAD
VED PRAKASH – Appellant
Versus
GURMIT SINGH – Respondent


Advocates Appeared:
B.R.SABHARWAL, Y.R.Sharma

S. B. Wad, J.

( 1 ) IN an accident caused on 31. 3. 78 by Vehicle No. DEP 2382, Asa Ram was killed. The claim petition is filed on behalf of his widow and two sons who were minors at that time. The claimants have claimed Rs. l,00,000. 00 as compensation. The Tribunal has awarded Rs. 35,000. 00 as the compensation. The Tribunal further noted that as the delay was caused by the claimants in producing the witnesses, they were not entitled to interest. The amount of Rs. 3,6000. 00 was arrived at by the Tribunal on the basis of the evidence that the deceased was earning Rs. l5. 00 per day, i. e. he had a monthly income of Rs. 450. 00. The Tribunal deducted one-third of the monthly income towards personal expenses of the deceased. The Tribunal found that the deceased could have contributed Rs. 300. 00 p?r month for the maintenance of the family. The deceased was 53 years old at the time of accident. The Tribunal applied the multiplier of 12 and, thus, arrived at the figure of Rs. 36,000. 00.

( 2 ) IN this appeal for enhancement of compensation the counsel for the appellant submits that the monthly income of the deceased was Rs. 600. 00 per month and that the Tribunal should have applied



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