S.S.SODHI,J. - (1.) THE claim in appeal here is for enhanced compensation. The claimant being the father of Nagesh Mathur, a Technical Assistant employed with Messrs: Eicher Good Earth Limited, Faridabad, who was killed when he got buried under the earth being carried in the trolly of the tractor whose performance he was checking on behalf of his employer. This happened at the turning near Badkhal Lake on the Delhi-Gurgaon Road at about 3-30 P.M. on April 4, 1983. It was the finding of the Tribunal that the accident had been caused due to the rash and negligent driving of Ajit Singh, the driver of the Tractor. The claimant was held entitled to receive a sum of Rs. 24, 300/- as compensation, but the amount actually awarded was Rs. 14, 300/- after making an allowance for the ex gratia payment of Rs. 10, 000/- made by the employers to the claimant.
(2.) THE evidence on record shows that Nagesh Mathur, deceased; who was only about 26 years of age at the time of his death, had been employed as Technical Assistant since December, 1982 and according to the full and final settlement statement exhibit A.4, the basic pay being drawn by him, at the time of his death, was Rs. 541/- per month. Besides, this, he was also entitled to House-Rent at the rate of Rs. 140/- per month, besides Rs. 75/- as Conveyance Allowance. His total emoluments were thus Rs. 756A. Compensation payable here has to be assessed keeping in view the principles laid down by the Full Bench in Lachhman Singh v. Gurmit Kaur 1979 P.L.R. 1 : 1984 (1) ACC 489, in so far as they arc applicable to the circumstances of the claimant and the deceased. The significant point to note here is that Nagesh Mathur, deceased, was unmarried. Considering his age and the fact that he had already been employed, it is to be assumed that had he lived, he would have got married in the near future and thereafter raised a family. Besides, therefore, his own expenses, allowance has also to be made for what he would have spent upon his family, had he lived. It is only thereafter that financial support by him of his parents, could be considered. At the same time, it must also be borne in mind that had the deceased lived, there were also before him prospects of advancement in life Taking all these factors including the ages of the claimant, the dependency deserves to be' taken around Rs. 250/- per month; with a multiplier of' 15 as taken by the Tribunal. So computed the compensation payable works out to Rs. 45, 000/- which may be rounded off to Rs. 50, 000/-. The compensation payable to the claimant is accordingly enhanced to this extent. A deduction, of course, has to be made of Rs. 10, 000/- already paid to the claimant as ex gratia payment. In other words, the total compensation payable to the claimant would be Rs. 40.000/- which he shall be entitled to along with interest at the rate of 12 per cent, per annum from the date of the application to the date of payment of the amount awarded. This appeal is consequently hereby accepted with costs. Counsel fee Rs. 500/-.;