- (1.) HEARD learned counsel for the parties and perused the record as well as the award of the learned Tribunal.
(2.) IN the instant case, in a motor accident, which occurred way back on 08.09.1993, the husband of the appellant No.1 died. The deceased was a driver and his age at the time of the accident was 40-years. He was employed with the United Commercial Bank at the time of accident. His salary at the time of accident was about Rs.3000/- per month. It has also come on record that the widow appellant No.1 has received compassionate appointment against the post of her husband, as a Class IV employee. Learned counsel for the claimant-appellants pointed out that the learned Tribunal has erred in taking only an amount of Rs.500/- per month, as contribution for the purposes of determining the compensation on account of loss of earning. Learned counsel submits that this amount admittedly has been taken on the ground that since the widow is required to attend her duties in the Bank, she would require somebody to look after her house-hold and children and for this purpose an expenses of Rs.500/- has been calculated and the contribution of the deceased to the family has been ignored. Learned counsel for the claimant-appellants submitted that the salary of the deceased, who was on the post of driver was more than that of the appellant No.1, who has been appointed as Class IV employee and, therefore, there has been a permanent loss, so far as the earning are concerned, and the contribution, which the family would have received.
(3.) LEARNED counsel further submits that the learned Tribunal has not taken the aforesaid aspect of the matter into consideration, while determining the compensation for loss of earning on account of the death of the deceased husband of the appellant No.1. LEARNED counsel for the claimant-appellants further submitted that the learned Tribunal has awarded a very meager sum towards the loss of consortium to the wife and for loss of love and affection to the children of Rs.15000/- and Rs.5000/- respectively. He has also submitted that so far as the mother of the deceased is concerned, the appellant No.4, nothing has been awarded to her on account of the death of the son. I have considered the rival submissions made by the learned counsel for the parties. I am in agreement with the learned counsel for the appellant that the pay scale of the driver and that of the Class IV employee cannot be equated. Therefore, there is a permanent loss of income on account of the difference of these pay scales. The learned Tribunal has taken a very meager sum of Rs.500/- for the purpose of determining of the loss of income in the instant case. ;