M.Y. Eqbal, D.G.R. Patnaik, J. - (1.) This appeal by the claimants/ appellants is for enhancement of compensation. The claimants are widow and minor sons of the deceased, who died in a motor vehicle accident. The claimant's case was that the deceased was aged 31 years and was earning Rs. 3,000/- per month while working as a watchman. Besides that, it was alleged that he had other income from cultivation. The Tribunal disbelieving the evidence adduced by the claimants, took the notional income and awarded Rs. 1,40,000/- by way of compensation.
(2.) We have heard learned Counsel for the appellants and learned Counsel for the respondent, Insurance Company.
(3.) In support of the earning of the deceased, witnesses were examined and a certificate (Ext. 1) was also proved which was issued by one Vetern's Group to the effect that the deceased was earning Rs. 1,800/- per month. The Tribunal held that there is variance in the pleading and the evidence inasmuch as, in the pleading, earning of the deceased was shown as Rs. 1,800/- per month as watchman, but evidence was led about his earning from other sources. Be that as it may, there is sufficient evidence adduced by the claimants and, therefore, the Tribunal ought not to have taken notional income for the purpose of assessment of compensation. Even if we take only Rs. 1,800/- as monthly earning of the deceased, the annual dependency comes to Rs. 14,400/- and considering the age of the deceased, if multiplier of 16 is taken, the compensation amount comes to Rs. 2,50,000/- more or less.;