R.P.Misra, Shiv Shanker, JJ. - (1.) Heard Sri Prabhakar Tiwari, learned Counsel appearing on behalf of appellant and Sri Rajendra Jaiswal, learned Counsel appearing on behalf of claimant-respondents. We have also perused the entire records.
(2.) The accident took place between roadways bus and jeep on 29th August, 2003. The Tribunal has recorded a specific finding that income of the driver of jeep was Rs. 3,000/- per month. This finding has been challenged by learned Counsel for the appellant and it has been submitted that the compensation has been awarded on the basis of notional income and there was no basis to hold that the income of the deceased driver was Rs. 3,000/- per month. Sri Rajendra Jaiswal, learned Counsel for the respondents states that as the incident took place in the year 2003, it cannot be believed that at that time the income of deceased driver was Rs. 3,000/ -. In fact, according to us, income of deceased driver can safely be accepted as Rs. 2,400/- per month. The total income of the deceased-driver comes to Rs. 19,200/- and multiple of 18 is applied then the claimants are entitled-to a sum of Rs. 3,42,600/- plus Rs. 7,000/- as funeral expenses, (total Rs. 3,49,600/-).
(3.) The appeal is partially allowed. The matter is remanded. The concerned Claims Tribunal is directed to calculate as to what amount the claimants are entitled to have. We have already given a finding that the claimants are entitled for a sum of Rs. 3,49,600/-. The Claims Tribunal shall deduct the amounts which had already been paid to the claimants and the statutory deposits may also be taken into account as the matter has already been delayed. The Claims Tribunal is also directed to decide the matter within a period of two months from the date of production of a certified copy of this order. The amount deposited in this Court be remitted to the Claims Tribunal within a period of three weeks and the same shall be taken into account in making the payment to the claimant-respondents. The lower Court records be also sent to the Claims Tribunal within three weeks. Appeal allowed in part.;