KIROSTA Vs. KAILASH CHAND

JUDGEMENT

(1.) WITH the consent of learned counsel for both the parties, this appeal is being disposed of finally at the admission stage.

(2.) HEARD.

(3.) HAVING considered the arguments and going through the award as well as the record of the case, it is revealed that the deceased was 32 years young man and was a sole bread-earner of the family of four members including his widow, two minor children and old mother. He is stated to be earning his livelihood by way of agriculture apart from selling midland vegetables and thus his monthly earnings cannot be equated to that of an unskilled labourer and as such instead of Rs. 73 per day, his income deserves to be assessed at the rate of Rs. 100 per day. That apart the widow deserves to be awarded a sum of Rs. 15,000 by way of loss of consortium and the three remaining appellants deserve to be awarded a sum of Rs. 15,000 by way of loss of love as against the total sum of Rs. 15,000 already awarded on these counts and thereby enhancing the amount by Rs. 15,000 on these counts. The amount awarded can be computed as under: