Hon'ble Mahendra Dayal,J.
Heard learned counsel for the parties.
By means of instant FAFO, the appellants pray for enhancement of the compensation awarded by the Tribunal dated 22.05.2010 in Claim Petition No.116 of 2008,Smt.Radha Devi and others Vs. Ram Bhawan Vind & others).
The contention of the appellants is that the Tribunal has committed an error in determination of annual income of the deceased as Rs.15000/- per annum. In this regard, the appellants' counsel has drawn the Court's attention towards the case law of Laxmi Devi and others Vs. Mohammad Tabbar and another, 2008 (2) T.A.C. 394 (S.C.). In this case, the Apex Court held the notional income to be Rs.3,000/- per month.
In view of the above, we assess the income of the deceased as Rs. 36,000/- per annum. After deducting 1/4th in lieu of personal expenses, it shall come to Rs. 27000/- per annum. By applying the multiplier of 17, the total compensation comes to Rs.4,59,000/-. The amount awarded by the Tribunal in other heads will remain same.
Let the entire amount of enhanced compensation together with interest after adjusting the amount already deposited, be deposited by the respondent-insurance company before the tribunal within two months from today. The Tribunal shall make payment of the compensation to the appellants within a period of one month from the date of deposition and production of a certified copy of the present judgement.
Allowing the appeal to the extent indicated above, the impugned award is, accordingly, modified.
Order Date :- 11.9.2014 Muk