Dhrub Narayan Upadhyay, J. - (1.) This appeal has been preferred by the claimants against the judgment and award dated 18.06.2011 passed by the District Judge cum M.A.C.T., Bokaro, Camp at Tenughat in connection with M.V. Claim Case No. 24/2007. Being aggrieved with the amount of compensation, this appeal has been filed for enhancement on the following grounds: "(I) It is contended that the dependents are six in number and out of them four are minors. Learned Tribunal has deducted 1/3rd towards personal expenses to be incurred by the deceased had he been alive but according to judgment rendered in the case of 'Sarla Verma & Ors. v/s. Delhi Transport Corporation Ltd. & another, reported in : (2009) 6 SCC 121 : (AIR 2009 SC 3104), deduction towards personal expenses should have been made 1/4th. (II) The learned Tribunal has further deducted amount of C.M.P.F.; pension benefit at the time of calculating monthly salary, which is incorrect. (III) It is fairly conceded that deduction of Rs. 6,078.15/ - paid to the deceased towards leave encashment is correct but other statutory deduction should not have been taken into consideration. (IV) According to Ext. 2 (pay slip), monthly salary of the deceased should have been admitted for calculating compensation at Rs. 11,403/ - but the Tribunal has accepted Rs. 9,160/ -. (V) The Tribunal has further not considered future prospect though the deceased was aged 44 years and he was a permanent employee of C.C.L. which is a Public Sector Undertaking."
(2.) Counsel appearing for the respondent -Insurance Company has opposed the argument and submitted that no evidence has been adduced regarding future prospect. It was not brought on record under which pay scale the deceased was getting salary at the time of his death and the pay scale for which the deceased would have been entitled in future. The Tribunal has further not considered other benefits which have been given to the claimants such as employment on compassionate ground; amount paid towards gratuity; amount paid towards leave encashment etc.
(3.) There appears substance in the argument advanced by the learned Counsel for the appellant. At the time of hearing, learned Counsel expressed his agreement to the effect that if further sum of Rs. 5,50,000/ - (Rupees five lakh fifty thousand) if paid to the claimants in the ensuing Lok Adalat which is likely to be held on 12.12.2015 that will serve the purpose and the appellants shall feel satisfied. Considering the proposal advanced by the appellants, I do not feel it desirable to go into details of calculation to reach just and reasonable compensation and I feel inclined to enhance the compensation amount and direct the Insurance Company to pay further sum of Rs. 5,50,000/ - (Rupees five lakh fifty thousand) and for that cheque may be drawn in favour of the claimant No. 1 -Bimla Devi (widow of the deceased) and she shall receive the amount on her behalf and on behalf of rest of the claimants. The aforesaid cheque must be deposited with the Member Secretary, JHALSA on or before 12.12.2015 so that the enhanced amount of compensation may be paid to the claimant and for that Counsel appearing for the appellant is requested to make the appellant No. 1 -Bimla Devi present to receive the cheque in the Lok Adalat. This appeal stands allowed.;