AMITAV K.GUPTA,J. - (1.) This appeal has been filed for enhancement of the awarded compensation amount of Rs. 11,83,915/with interest at the rate of 7% per annum from 06.05.2008.
(2.) Learned counsel for the appellant submitted that the court below has erred in assessing the income of the deceased on the basis of average three years income tax returns. It is pointed out that the income tax returns of three years shows an increase in the income for the subsequent years. It is argued that the Tribunal has awarded meagre amount of Rs. 2,000/, Rs. 2,500/and Rs. 5,000/under the conventional heads of funeral expenses, loss of estate and loss of consortium respectively. It is urged that the Tribunal should have considered and added some percentage of the income towards future prospect taking into account the increase in the volume of business of the deceased. Learned counsel for respondent-Oriental Insurance Co. Ltd., has contended that the claimants have not suffered any pecuniary loss as the shop and business is being managed by the sons. It is urged that in fact, the awarded compensation is on the higher side. He has relied upon the decision of this Court reported in 2005 ACJ 336 (New India Assurance Co. Ltd. v. Bhawa Devi & Ors.) in support of the contention.
(3.) Heard. It is the settled principle that the compensation is the property of the deceased which the legal representatives/dependents are entitled to. It is noticed that the court below has awarded meager amount towards funeral expenses, loss of estate and loss of consortium. Thus, in the attending facts and circumstances, the respondent-Oriental Insurance Co. Ltd., is directed to pay a lump sum of Rs. Two lakhs fifty Thousand only (Rs.2,50,000/) to the claimant no.1, Menka Devi, wife of the deceased, towards loss of estate and loss of loss of consortium over and above the awarded compensation. The respondent-Oriental Insurance Co. Ltd., shall draw a cheque/draft in favour of the appellant-claimant no.1, Menka Devi, to be deposited it with the Member Secretary, JHALSA, Naya Sadan, Ranchi, on or before 11th February, 2017.;