AMITA DEVI Vs. RAVINDRA SINGH

JUDGEMENT

(1.) This appeal is filed by the claimants for enhancement of compensation against an award dated 18.3.2009 passed by learned 19th Additional MACT, Indore in claim case No. 135/09, whereby learned Tribunal awarded a sum of Rs. 12,77,000/- as compensation to the appellants.

(2.) It is submitted by learned counsel for the appellants that during service time the deceased had been posted at Border area and at the relevant point of time his earning was Rs. 8,200/- per month. At the time of accident he was posted at Mhow.

(3.) Consequently, after an addition of 50% actual salary to the actual salary income of the deceased towards future prospects, determined the monthly income @ Rs. 11,550/- per month. After deducting 1/4th towards personal and living expenses the monthly dependency comes to Rs. 8663/- and annual dependency comes to Rs. 1,03,956/- (8663x12= 1,03,956). At the time of death, the deceased was 29 years of the age. By applying the principles enunciated by the Supreme Court in the case of Smt. Sarla Verma the multiplier of 17 would be applicable. On applying the multiplier of 17 the amount of compensation comes to Rs. 17,67,252/-. On other heads the appellants were awarded a sum of Rs. 29,000/- is just and proper. Thus the total compensation comes to Rs. 17,96,252/-. The Tribunal has already awarded a sum of Rs. 12,77,000/-, after deducting the same the enhanced amount comes to Rs. 5,19,252/-. The enhanced amount shall also carry interest @ 7.5% per annum from the date of application till its realization.