M.Y. Eqbal, J. - (1.) THIS appeal by the claimants is for enhancement of compensation. In this case the deceased was a khalasi in a truck which met with an accident resulting in the death of the deceased. The deceased was aged about 24 years and was unmarried. Claimants are the parents aged about 57-58 years.
(2.) THE claimant's case was that the deceased was a khalasi and was getting a salary of Rs. 3,000 per month besides Rs. 30 per day as khuraki. THE Tribunal ignoring the evidence adduced by claim ants, held that the deceased was merely a daily wage labourer and, therefore, his monthly income was taken at Rs. 2,000 and after deducting 1/3rd, the total compensation assessed at Rs. 2,10,000. In our view, the Tribunal has committed error of law and procedures in calculating the quantum of compensation. Even if we take the total earnings of the deceased at Rs. 3,000 per month, the compensation amount comes to more than Rs. 3,00.000. In our view, therefore, the claimants are at least entitled to get a compensation of Rs. 3,00,000 (rupees three lakh) along with interest awarded by the Claims Tribunal. However, in our view, a lump sum of Rs. 3,50.000 will be just and reasonable compensation.
(3.) MR. D.C. Ghose, the learned counsel appearing for the insurance company submitted that initially the claimants claimed a sum of Rs. 5,30,000 but subsequently the claim application was amended and the compensation amount so claimed was reduced to Rs. 2,20,000. According to the learned counsel, therefore, compensation cannot be awarded more than the amount claimed in the claim application. We do not find any force in the submission of the learned counsel appearing for the insurance company. It transpires from the impugned judgment that since the claimants were not in a position to pay court-fee on the total amount of compensation claimed, they reduced the amount of compensation claimed and paid necessary court-fee on the same.;