- (1.) HEARD the learned Counsel for the parties and with their consent this appeal is disposed of at the admission stage.
(2.) THE deceased was a cleaner in the truck and he died in a motor vehicle accident. The deceased was aged 35 years and according to the claimants his monthly income was Rs. 2400.00 The Tribunal has relied upon the monthly income of the deceased. In absence of any evidence, the Tribunal took the notional income at Rs. 15,000.00 and assessed the compensation of Rs. 1,60,000.00 The claimants who are the widow and minor children have assailed the impugned award and appealed for enhancement of compensation. Admittedly, the deceased was 35 years of age. Even if we take the notional income at Rs. 15,000.00 per year the multiplier of 18 years should have been taken and in that way the amount comes to Rs. 1,80,000.00 . If interest @ 9% is paid from the date of the claim application, the minimum compensation should come to Rs. 2.5 lakh approximately. In our view, therefore, a lump sum compensation amount of Rs. 2.5 lakh will meet the ends of justice.
(3.) THIS appeal is, therefore, allowed and the compensation amount is increased at a lump sum Rs. 2.5 lakhs inclusive of interest but excluding amount already received by the claimant. The respondent -Insurance Company is directed to pay the minus amount already paid by the owner of the vehicle.;