- (1.) THE claimants, who are the parents. aged between 70 -72 have filed this appea for enhancement of compensation. The deceased, who was the son of the claim -ants, died in a motor vehicle accident. The claimants' case was that the deceased was an electric Mistri and he was earning Rs. 6,000/ - to 7,000/ - . The deceased was aged 30 years. In absence of any cogent and documentary evidence, the Tribunal put the deceased in the category of non -earning person and determined compensation by taking his notional income.
(2.) IT has not been disputed by the Respondent -Insurance Company or the owner of the vehicle that the deceased was not an earning person. The deceased being of 30 years of age, must have been earning something for his livelihood. In absence of any denial that he was an electric mistry, even if we take his daily earning at Rs. 60/ -, then the monthly earniing of the deceased can be safely taken as Rs. 1800/ -. After deducting one -third, he monthly annual dependency comes to Rs.14,400/ -. Taking the multiplier of 15, the amount of compensation comes to Rs. two lakhs more or less. Considering the weight of the evidence, learned counsel appearing for the parties had agreed to settle the claim at Rs, 2 lakhs. We are of the view that the lump -sum compensation of Rs. 2 lakhs will meet the ends of justice and the same shall be just and reasonable compensation.
(3.) THIS appeal is, therefore, allowed and the compensation is enhanced to a lump -sum amount of Rs. 2 lakhs. The Insurance Company is directed to pay the compensation amount of Rs. 2 lakhs by tendering the cheque to the Lok Adalat scheduled to be held in the High Court premises on 4th August, 2007.;