- (1.) THIS appeal has been preferred by the claimants for enhancement of the amount of compensation awarded to them on account of death of the deceased Smt. Kamleshwari Devi due to vehicular accident.
(2.) IT is the case of the claimants that on the fateful day, i.e. 15.12.1996 while the deceased Kamleshwari Devi was travelling in a Mini Bus (Tata 407) bearing registration no. BR -16A -0652 from Jamshedpur to Ghatshila it met with an accident in the way, as a result of which the deceased as well as other passengers, who sustained injuries were removed to hospital. Subsequently, in course of treatment, the deceased succumbed to his injuries at Tata Main Hospital. Thereafter the claimants put forth a claim of Rs. 2,00,000/ - as compensation on account of the death of the deceased aged about 50 -51 years whose surviving spouse does have income of Rs. 7,000/ - per month. However, the Tribunal on the basis of the service certificate (Ext.3) did find the income of the husband of the deceased as Rs. 4,460/ - and as such 1/3rd of the said amount coming to Rs.1,486 / - was taken to be the notional income of the deceased as she did not have any independent income. Out of it, the Tribunal by deducting 1/3rd amount as personal expenses of the deceased, did hold Rs. 12,000/ - as amount of annual dependency and by applying multiplier of 11, a sum of Rs. 1,21,000/ - was awarded as compensation and further Rs. 2,000/ - as well as Rs. 5,000/ - was awarded towards funeral and loss of consortium respectively and thus, total amount of Rs. 1,28,000/ - was awarded as compensation.
(3.) THE claimants -appellants being aggrieved with the said award have preferred this appeal.;